Title 4 VAC — Conservation and Natural Resources

Agency 3 Board of Conservation And Recreation

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

4VAC3-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Board of Conservation and Recreation. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Board of Conservation and Recreation, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II Notification of Interested Persons

4VAC3-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC3-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III Public Participation Procedures

4VAC3-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC3-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-107 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Agency 5 Department of Conservation And Recreation

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

4VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Conservation and Recreation. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Conservation and Recreation, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II Notification of Interested Persons

4VAC5-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC5-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III Public Participation Procedures

4VAC5-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-104 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Agency 10 Department of Forestry

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

4VAC10-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Forestry. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Forestry, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

4VAC10-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC10-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

4VAC10-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

4VAC10-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-1101 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 40 Reforestation of Timberlands Regulations

Part I Definitions

4VAC10-40-10 Definitions

The following words and terms when used in this regulation shall have the following meanings unless the context indicates otherwise:

"Acre" means one or more acres or part of an acre or any combination of them.

"Board" means the Board of Forestry.

"Department" means the Department of Forestry.

"Forest Products Tax Act" means the tax paid by every person engaged in the Commonwealth in business as a manufacturer or shipper of forest products for sale, profit, or commercial use (§ 58.1-1600 of the Code of Virginia).

"Project" means the reforestation activity, completed or an approved portion of it, on a specific number of acres, in a specific location under one ownership.

"Reforestation Act" means Reforestation of Timberlands Act, Article 10 (§ 10.1-1170 et seq.) of Chapter 11 of Title 10.1 of the Code of Virginia.

"Reforestation assistance" means funds, material, personnel or other assistance made available to a landowner pursuant to § 10.1-1173 of the Reforestation Act and these Reforestation of Timberlands Regulations.

"State Forester" means the chief executive officer of the Department of Forestry.

"Tract" means specific acreage upon which a reforestation project is conducted.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-10 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-10, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part II Construction and Scope of Regulations

4VAC10-40-20 Construction

In the interpretation of the Reforestation of Timberlands Regulations, their provisions shall be construed as follows:

Terms in the singular shall include the plural and vice versa.
Terms in the masculine shall include the feminine and the neuter.
Requirements or prohibitions of any act shall, respectively, extend to and include the causing or procuring, directly or indirectly, of such act.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-20 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-20, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-30 Territorial scope

Reforestation assistance shall be available with respect to all privately owned forest lands within the boundaries of the Commonwealth of Virginia except as hereinafter provided.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-30 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-30, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part III Qualifying and Nonqualifying Species, Type of Land Cover, Land Area, and Practices

4VAC10-40-40 Qualifying species

Reforestation assistance shall be available only for the preparation of land for reforestation with commercially valuable species of pine, and for reforesting land suitable for growing timber with commercially valuable species of pine.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-40 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-40, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-50 Nonqualifying type of land cover

In addition to those acres to which the Reforestation Act does not apply pursuant to the provisions of § 10.1-1171 of the Reforestation Act, reforestation assistance shall not be available with respect to the following:

Any acre on which there are present 400 or more well distributed and free-to-grow loblolly pine (Pinus taeda), short leaf pine (Pinus echinata), white pine (Pinus strobus), or pitch pine (Pinus rigida) stems, singly or together, four feet or more in height, measured from ground level to tip of stem.
Any acre on which loblolly pine (Pinus taeda), short leaf pine (Pinus echinata), or white pine (Pinus strobus), singly or together, occur and exceed in number 50 live, thrifty trees of the above species six inches or more in diameter of the point of average thickness measured from outside of bark to outside of bark at a point on the trunk 10 inches above the general ground level.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-50 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-50, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

4VAC10-40-60 Minimum and maximum land area

The board and the State Forester are authorized, within the 500-acre maximum provided in § 10.1-1171 of the Reforestation Act, to determine, from year to year, the number of acres belonging to any one owner for which reforestation assistance shall be made available.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-60 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-60, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-70 Qualifying practices

The type of forest practices qualifying for reforestation assistance shall include any method approved by the board and State Forester designed to:

Prepare land for reforestation.
Reforest land.
Conduct post-reforestation cultural treatments.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-70 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-70, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part IV Seed Trees

4VAC10-40-80 Seed trees

After expiration of the number of years that the eight pine trees are required, pursuant to the Seed Trees Act (§ 10.1-1162 et seq. of the Code of Virginia), to be left standing following the date of cutting of the timber, and after release of the tract to the owner, reforestation assistance may be made available with respect to any acre on which seed trees were left standing and uncut as required by the Seed Trees Act, provided such reforestation assistance is not prohibited by the provisions of 4VAC10-40-50.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-80 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-80, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Part V Equipment

4VAC10-40-90 Types of equipment

The board and the State Forester are authorized from time to time to determine the type and quantity of necessary equipment required to carry out the provisions of the Reforestation Act.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-90 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-90, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-100 Rate of payment for equipment, materials, supplies and personnel

The board and the State Forester shall, from time to time, establish a schedule of standard rates to be charged for state owned and supplied equipment, materials, supplies and personnel used on a project, and such rates shall be used by the State Forester in determining the total cost of a completed project, which total cost shall be the basis of the incentive payment to the landowner provided for in § 10.1-1173 of the Reforestation Act.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-100 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-100, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VI Supervisory Personnel

4VAC10-40-110 Supervisory personnel

The board and the State Forester shall determine, from time to time, the classifications of employees, based on the State Personnel Classification, which for purposes of the Reforestation Act constitute Administrative Supervisory Personnel.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-110 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-70, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VII Expenditure of Taxes

4VAC10-40-120 Expenditure of taxes collected within a county

Whenever it is impractical to expend within any county within one tax year 50% of the forest products tax collected on pine timber in that county, in any one tax year, as provided in § 58.1-1611 of the Forest Products Tax Act, the unexpended balance of the 50% of the total tax collected and encumbered for expenditure in any particular county shall be carried forward and expended in that county in a succeeding two years. At the beginning of the third year this unexpended tax will be available for use in the statewide program wherever needed. The 50% of the total collected in any county not required by law to be expended in that particular county may be expended by the administrator in any county for carrying out the provision of the Act.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-120 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-120, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part VIII Christmas, Ornamental and Landscape Trees

4VAC10-40-130 Christmas trees

Reforestation assistance is not authorized under the Reforestation Act for the planting of pine tree seedlings for Christmas trees as the primary crop, but Christmas trees may be severed from the stump from acres planted under the Reforestation Act and sold as thinnings when so recommended by the State Forester.

If the landowner violates the provisions of this chapter, the landowner shall pay to the State Forester a sum equal to the value of all assistance rendered to him by the State Forester as a part of the project, together with legal interest on it from the date such reforestation is rendered.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-130 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-130, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

4VAC10-40-140 Ornamental and landscape trees

Tree seedlings planted on any acre under the provisions of the Reforestation Act shall not be removed from the soil with roots, bare or bagged, or removed in any manner and sold for outdoor ornamental or landscaping purposes.

If the landowner violates the provisions of this chapter, the landowner shall pay to the State Forester a sum equal to the value of any assistance rendered to him by the State Forester as a part of the project together with legal interest on it from the date such reforestation assistance is rendered.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-140 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-140, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part IX Assistance to Damaged Replant Areas

4VAC10-40-150 Assistance to replant areas damaged by fire, insects, disease, drought, wind or otherwise

In the event that trees planted on any acre pursuant to the Reforestation Act are destroyed by fire, insects, disease, drought, wind or otherwise through no fault or negligence on the part of the owner of such acre, his agents or employees, to such an extent as to have no commercial savings value, the State Forester is authorized to extend reforestation assistance to the owner to the extent necessary to replant the trees destroyed.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-150 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; renumbered as 4VAC10-40-150, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part X Component Payments

4VAC10-40-160 Component payments

The department may make incentive payments to landowners who have completed a component part of a reforestation project. The total partial payments made for one single project shall not exceed the limit of payments set forth in the Reforestation Act. The State Forester shall determine what practices (as defined in 4VAC10-40-70) of a total project warrant component payments and shall insure that component payments will be refunded the Commonwealth for those projects which are not completed in a prescribed manner according to the Reforestation of Timberlands Agreements.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-160 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-160, Virginia Register Volume 22, Issue 21, eff. July 26, 2006.

Part XI Incentive Payments

4VAC10-40-170 Incentive payments

A. The department may from time to time and upon consultation with the board adjust the levels and manner of incentive payments to be offered to landowners for reforestation projects in accordance with the Reforestation Act. Those changes will be for one fiscal year and may not change within a fiscal year. Any such adjustments shall be announced and publicized as far in advance of their affective dates as practical.

B. The incentive payments to landowners from approved projects are hereby set at 75% of the total cost of the project or an annually determined maximum amount per acre agreed upon by the Board of Forestry and the State Forester, whichever is less.

History

Statutory Authority: § 10.1-1101 of the Code of Virginia.
Historical Notes: Former 4VAC5-60-170 derived from VR312-01-04, eff. July 1, 1971; amended, eff. July 1, 1978, eff. July 1, 1979, eff. July 1, 1980, eff. July 1, 1981, eff. July 1, 1982; amended and renumbered as 4VAC10-40-170, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; amended, Virginia Register Volume 30, Issue 7, eff. January 31, 2014.

Agency 15 Department of Wildlife Resources

Chapter 110 Game: Fox

Part I Hunting with Dogs Only

4VAC15-110-10 Closed season in certain areas

It shall be unlawful to hunt foxes with dogs on the George Washington/Jefferson National Forest and on the Gathright, Goshen, G. Richard Thompson, Highland, Little North Mountain and Rapidan Wildlife Management Areas except during the period when it is lawful to hunt foxes with firearms.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 1.1, eff. August 24, 1978; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997; Volume 24, Issue 23, eff. July 1, 2008.

Part II Hunting with Guns

4VAC15-110-20 Hunting with firearms; open season for red fox

Except as otherwise provided with the specific exceptions provided in this chapter, it shall be lawful to hunt red foxes with firearms from November 1 through the last day in February, both dates inclusive.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 2.1, eff. July 1, 1980; amended, Virginia Register Volume 22, Issue 19, eff. July 1, 2006; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-110-25 Hunting with firearms; open season for gray fox

Except as otherwise provided with the specific exceptions provided in this chapter, it shall be lawful to hunt gray foxes with firearms from January 1 through the last day in February, both dates inclusive.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-110-30 Closed season

Continuous closed season in certain areas. It shall be unlawful to shoot foxes in the following counties, or parts thereof, at any time: Albemarle, Clarke, Culpeper, Fauquier (except within the confines of the Quantico Marine Reservation), Loudoun, Louisa and Rappahannock.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 2.2, eff. July 1, 1977; amended, Virginia Register Volume 15, Issue 19, eff. July 7, 1999.

4VAC15-110-35 Bag limit

The bag limit for hunting gray fox shall be one per hunting party, individual or organized, taken between noon of one day and noon the following day.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-110-40 (Repealed.)

Historical Notes

Derived from VR325-02-8 § 3.1-1, eff. July 1, 1988; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

Part III Trapping

4VAC15-110-50 Open season

Except as otherwise specifically provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be lawful to trap foxes from November 15 through the last day of February, both dates inclusive.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 3.1, eff. July 1, 1985; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-110-60 Prohibited in certain counties

It shall be unlawful to trap foxes in the counties of Clarke (except on the G. Richard Thompson Wildlife Management Area), Fauquier (except on the Chester F. Phelps and G. Richard Thompson Wildlife Management Areas), Loudoun and Rappahannock.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 3.2, eff. July 1, 1989; amended, Virginia Register Volume 15, Issue 19, eff. July 7, 1999.

4VAC15-110-70 Control of rabies

Notwithstanding any other provision of these sections, foxes may be trapped anywhere for the purpose of controlling rabies upon request of the State Department of Health.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 3.3.

4VAC15-110-75 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 12, Issue 18, eff. July 1, 1996; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997; Volume 17, Issue 19, eff. July 4, 2001; Volume 24, Issue 23, eff. July 1, 2008; repealed, Virginia Register Volume 29, Issue 25, eff. August 15, 2013.

Part IV Miscellaneous

4VAC15-110-80 Killing by landowner

A landowner may kill or have killed red foxes at any time on the landowner's land. Provided further that a landowner may kill or have killed gray foxes at any time on the landowner's land, but only when a gray fox is causing damage to crops or property or is posing a threat to human health or safety.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 4.1; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-110-90 Use of dogs in hunting fox during deer season in certain counties and national forests

It shall be unlawful to use dogs for the hunting of foxes during the open season for hunting deer on the Gathright, Goshen, Highland and Little North Mountain Wildlife Management Areas and within the boundaries of the George Washington/Jefferson National Forest.

History

Statutory Authority: §§ 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-8 § 4.2, eff. October 1, 1971; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

Chapter 160 Game: Opossum

Part I Hunting

4VAC15-160-10 Open season

It shall be lawful to hunt opossum from October 15 through March 10, both dates inclusive.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325‑02‑14 § 1.1, eff. July 1, 1991; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-160-20 (Repealed.)

Historical Notes

Derived from VR325‑02‑14 § 1.2, eff. July 1, 1983; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; repealed, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-160-30 (Repealed.)

Historical Notes

Derived from VR325‑02‑14 § 2.1, eff. July 1, 1985; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

Part II Trapping

4VAC15-160-31 Open season for trapping

It shall be lawful to trap opossum from November 15 through the last day of February, both dates inclusive, except there shall be a continuous open season to trap opossum within the incorporated limits of any city or town in the Commonwealth; in the Counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke, and York; and on private lands throughout the Commonwealth with permission of the landowner.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 41, Issue 26, eff. September 1, 2025.

4VAC15-160-40 (Repealed.)

Historical Notes

Derived from VR325‑02‑14 § 2.2, eff. July 1, 1985; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

Chapter 210 Game: Raccoon

Part I Chasing

4VAC15-210-10 Open season; raccoon chase on areas open to bear hound training; possession of certain devices unlawful

A. Except as otherwise specifically provided in this chapter, there shall be a continuous open season for chasing raccoon with dogs, without capturing or taking, except on department-controlled lands west of the Blue Ridge Mountains and on national forest lands.

B. It shall be lawful to chase raccoon with dogs, without capturing or taking, on department-controlled lands west of the Blue Ridge Mountains and on national forest lands where bear hound training is permitted during the season dates specified in 4VAC15-50-120.

C. It shall be unlawful to use for the purpose of chasing or taking a raccoon a firearm, bow, or crossbow or to have in possession an axe, saw, or any tree climbing device while hunting during this chase season.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-19 § 1.1, eff. July 1, 1989; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 22, Issue 19, eff. July 1, 2006; Volume 27, Issue 23, eff. July 1, 2011; Volume 41, Issue 26, eff. September 1, 2025.

4VAC15-210-20 (Repealed.)

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-19 § 1.2, eff. July 15, 1992; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 22, Issue 19, eff. July 1, 2006; Volume 25, Issue 25, eff. August 1, 2009; repealed, Virginia Register Volume 27, Issue 23, eff. July 1, 2011.

Part II Hunting and Trapping

4VAC15-210-30 Open season for hunting

It shall be lawful to take raccoon by hunting from October 15 through March 10, both dates inclusive.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-19 § 2.1, eff. July 1, 1989; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-210-40 (Repealed.)

Historical Notes

Derived from VR325-02-19 § 2.2, eff. July 1, 1983; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; repealed, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-210-50 (Repealed.)

Historical Notes

Derived from VR325-02-19 § 2.3, eff. July 1, 1987; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-210-51 Open season for trapping

It shall be lawful to trap raccoon from November 15 through the last day of February, both dates inclusive, except that there shall be a continuous open season to trap raccoon within the incorporated limits of any city or town in the Commonwealth; in the Counties of Arlington, Chesterfield, Fairfax, Henrico, James City, Loudoun, Prince William, Spotsylvania, Stafford, Roanoke, and York; and on private lands throughout the Commonwealth with permission of the landowner.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 41, Issue 26, eff. September 1, 2025.

4VAC15-210-60 (Repealed.)

Historical Notes

Derived from VR325-02-19 § 2.4, eff. July 1, 1985; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

4VAC15-210-70 Bag limit for hunting and trapping; counties east of the Blue Ridge Mountains

The bag limit for hunting raccoon in all counties east of the Blue Ridge Mountains shall be two per hunter, taken between noon of one day and noon the following day.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-19 § 2.5, eff. July 1, 1991.

4VAC15-210-80 Bag limit for hunting and trapping; counties west of the Blue Ridge Mountains

Except as provided by local legislation, the bag limit for hunting raccoon in all counties west of the Blue Ridge Mountains shall be two per hunting party, individual or organized, taken between noon of one day and noon the following day.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-19 § 2.6, eff. July 1, 1987.

Chapter 230 Game: Squirrel

Part I Gray and Red Squirrel

4VAC15-230-10 Applicability of part

The provisions of this part shall apply only to gray and red squirrel and shall not be applicable to fox squirrel.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-21 § 1.1, eff. July 1, 1974.

4VAC15-230-20 Gray and red squirrel. Season; generally

Except as otherwise provided by local legislation and with the specific exceptions provided in the sections appearing in this chapter, it shall be lawful to hunt squirrel from the first Saturday in September through the last day in February, both dates inclusive.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-21 § 1.2, eff. July 1, 1991; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 29, Issue 25, eff. August 15, 2013.

4VAC15-230-21 Spring season for gray and red squirrel

It shall be lawful to hunt gray and red squirrels from the first Saturday in June through the third Saturday in June, both dates inclusive, except on national forest lands.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006; amended, Virginia Register Volume 25, Issue 25, eff. August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011.

4VAC15-230-30 (Repealed.)

Historical Notes

Derived from VR325-02-21 § 1.3, eff. July 1, 1991; repealed, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-230-40 (Repealed.)

Historical Notes

Derived from VR325-02-21 § 1.8, eff. July 1, 1987; amended, Virginia Register Volume 9, Issue 22, eff. August 26, 1993; Volume 13, Issue 18, eff. July 1, 1997; repealed, Virginia Register Volume 22, Issue 19, eff. July 1, 2006.

Part II Fox Squirrel

4VAC15-230-50 Closed season; generally

Except as otherwise specifically provided in the sections appearing in this part, there shall be a continuous closed season for hunting fox squirrel.

History

Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-21 § 2.1, eff. July 1, 1974.

4VAC15-230-60 Fox squirrel. Open season; first Saturday in September through January 31

It shall be lawful to hunt fox squirrel from the first Saturday in September through January 31, both dates inclusive, in the Counties of Albemarle, Alleghany, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Carroll, Clarke, Craig, Culpeper, Dickenson, Fauquier, Floyd, Franklin, Frederick, Giles, Grayson, Greene, Henry, Highland, Lee, Loudoun, Madison, Montgomery, Orange, Page, Patrick, Prince William, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Washington, Warren, Wise, and Wythe.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-21 § 2.2, eff. July 1, 1991; amended, Virginia Register Volume 19, Issue 19, eff. July 1, 2003; Volume 25, Issue 25, August 1, 2009; Volume 39, Issue 24, eff. July 17, 2023.

4VAC15-230-61 Spring season for fox squirrel

It shall be lawful to hunt fox squirrels from the first Saturday in June through the third Saturday in June, both dates inclusive, on all lands in all counties open to fox squirrel hunting during the regular squirrel season, except on national forest lands.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 22, Issue 19, eff. July 1, 2006; amended, Virginia Register Volume 25, Issue 25, August 1, 2009; Volume 27, Issue 23, eff. July 1, 2011.

4VAC15-230-70 (Repealed.)

Historical Notes

Derived from VR325-02-21 § 2.5, eff. July 1, 1991; repealed, Virginia Register Volume 19, Issue 19, eff. July 1, 2003.

4VAC15-230-80 (Repealed.)

Historical Notes

Derived from VR325-02-21 § 2.7, eff. July 1, 1974; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

Part III Bag Limit

4VAC15-230-90 Generally

The combined bag limit for all squirrels shall be six a day in the aggregate.

History

Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Historical Notes: Derived from VR325-02-21 § 3.1, eff. July 1, 1991.

Agency 20 Marine Resources Commission

Chapter 70 Pertaining to the Harvesting of Clams

Part I Purpose and Definitions

4VAC20-70-10 Purpose

The purpose of this chapter is to provide for the long-term conservation and use of the soft shell clam and hard shell clam resources, and to provide for appropriate stewardship over the public, leased, and unassigned subaqueous grounds of the Commonwealth.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 1.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.

4VAC20-70-20 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Bull rake" means a device designed for use by hand for the purpose of harvesting clams, and which has the following characteristics: rake mouth width shall not exceed 30 inches, the teeth on the bar shall not be longer than 4-1/2 inches, the holding basket shall not hold greater than 3/4 of a bushel of clams and bottom material, and the handle shall not be longer than 30 feet. A bull rake may be equipped with skids to adjust the teeth for depth of penetration into the bottom.

"Commission" means the Marine Resources Commission.

"Conventional dredge" means the type of dredge that has become customarily used in Virginia to dredge oysters and crabs. It excludes any type of dredge where the dredging action functions or is aided by hydraulic action.

"Conventional hard clam rake" means a device designed for use by hand for the purpose of harvesting clams, and which has the following characteristics: rake mouth width shall not exceed 16 inches, the teeth on the bar shall not be longer than seven inches, the attached holding basket shall not hold greater than 1/10 of a bushel of clams and bottom material, and the handle shall not be longer than 10 feet.

"Cultured clams" means hard shell clams (Mercenaria mercenaria) that have been spawned in a hatchery, planted on leased ground, and covered with netting or other means protected from predators until harvest.

"Public ground" means the grounds defined by §§ 28.2-551 and 28.2-639 through 28.2-649 of the Code of Virginia, and any areas set aside as public ground by court order.

"Leased ground" means any grounds leased by the Marine Resources Commission pursuant to the provisions of Chapter 6 (§ 28.2-600 et seq.) of Title 28.2 of the Code of Virginia.

"Officer" means a law-enforcement officer of the Marine Resources Commission.

"Unassigned ground" means any ground outside the public ground as defined by this chapter and which has not been set aside, or assigned by lease, permit or easement by the Marine Resources Commission.

"Water rake" means a device for use by hand for the harvesting of cultured clams on leased grounds. The mouth of the water rake shall not exceed 36 inches in width, and the water rake shall be attached by a hose to a single pump engine of no greater than 7.5 horsepower and shall only be pulled by a single person, with no mechanical assistance.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 1.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

Part II Pertaining to the Taking or Catching of Soft Shell Clams from Leased Grounds

4VAC20-70-30 License required for use of a hydraulic dredge on leased ground

A. It shall be unlawful to take or catch soft shell clams from any leased grounds in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such a purpose and (ii) a permit for each boat and operator thereof.

B. Any lessee desiring to take or catch soft shell clams from leased ground by the use of a hydraulic dredge shall apply to the officer in charge of the district, in writing, specifying the location and identity of the specific lease or leases where he desires to dredge and request the privilege to dredge the specific lease or leases.

C. Each application will be reviewed by the commission. The commission may conduct a public hearing on such application if, in its discretion, it is deemed necessary. If the commission deems it wise to permit dredging of soft shell clams within the area of such a lease, the commission engineers shall first approve the existing boundaries, survey and plat of each lease. Any surveying or marking of the lease which may be necessary shall be at the expense of the lessee, unless such survey shows that the leased ground was properly marked.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 2.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-40 Additional permits required for use of a hydraulic dredge on leased ground

A. After the license is issued by the officer in charge of the district and before the licensee may begin to operate the hydraulic dredge, the lessee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of each lease, boat, and the operator thereof. An additional permit shall be obtained from the officer in charge of the district each time there is any change in operations which does not comply with all provisions in the original permit.

B. The license and permit shall at all times be on board the boat available for inspection by any inspector of the commission.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 2.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-50 Operation of a hydraulic dredge on leased ground

A. It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise or on Sunday for the catching of soft shell clams from leased ground.

B. It shall be unlawful to operate a hydraulic dredge on any lease for less than three acres unless adjoining other leases where the combined leases total more than three acres.

C. It shall be unlawful to operate a hydraulic dredge on any leased ground unless the boundaries of the lease are distinctly marked between corners to the satisfaction of the officer in charge of the district. All such marking shall be continually maintained during the dredging operations.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 2.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

Part III Pertaining to the Taking or Catching of Soft Shell Clams from Public or Unassigned Grounds

4VAC20-70-60 Dredge prohibited

It shall be unlawful for any person to take or catch soft shell clams from any unassigned ground in the tidal waters of the Commonwealth by the use of a dredge.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 3.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.

4VAC20-70-70 License required for use of a hydraulic dredge on public ground

A. It shall be unlawful for any person, other than an employee of the commission or the Virginia Institute of Marine Science while conducting tests or experiments, to take or catch soft shell clams from any public grounds in the tidal waters of the Commonwealth by the use of a dredge without first obtaining (i) a soft shell clam dredge license for each boat used for such purpose and (ii) a permit for each boat and operator thereof.

B. Any person desiring to take or catch soft shell clams from the public grounds by the use of a hydraulic dredge shall apply to the officer in charge of the district, in writing, describing the area and requesting the privilege to dredge the specific area.

C. Each application shall be reviewed by the commission. The commission shall conduct a public hearing to determine the suitability of the area for the production of oysters, and shall make such further investigations and studies as in its discretion it deems necessary. If the commission deems it wise to permit dredging of soft shell clams in such an area, the area must be surveyed and marked by the commission before a license and permit is issued.

D. If the application is approved by the commission, no person shall have the exclusive use of the area for taking or catching soft shell clams by hydraulic dredge. The area shall be open to the general public for such a purpose provided each person obtains the necessary license and permit and complies with all other provisions of this chapter.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 3.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005; Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-80 Additional permit required for use of a hydraulic dredge on public ground

A. After the license is issued by the officer in charge of the district, and before the licensee may begin to operate the hydraulic dredge, the licensee shall obtain from the officer in charge of the district a separate and individual permit which combines the identification of the approved area, boat and the operator thereof. An additional permit shall be obtained from the officer in charge of the district each time there is any change in operations which does not comply with the provisions in the original permit.

B. The license and permit shall at all times be on board the boat available for inspection by any officer.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 3.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-90 Operation of a hydraulic dredge on public ground

It shall be unlawful to operate a hydraulic dredge in the nighttime between the hours of sunset and sunrise, or on Saturday or Sunday, for the catching of soft shell clams from public ground.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 3.4, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

Part IV Pertaining to the Taking or Catching of Hard Shell Clams from Public, Unassigned and Leased Ground

4VAC20-70-100 Crab dredge boat not to take clams

A. It shall be unlawful for any person in charge of any boat licensed to catch crabs with a dredge to have or allow on board any clams in excess of 250, except as provided in subsection B of this section.

B. Any person in charge of any boat licensed to catch crabs with a dredge shall be allowed to have or allow on board any hard clams in excess of 250 on the seaside of Accomack and Northampton counties provided he has the license and permit required to take hard clams.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 4.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 23, Issue 12, eff. February 1, 2007.

4VAC20-70-110 Hydraulic dredge

As set forth in § 28.2-520 of the Code of Virginia, it shall be unlawful to take or catch hard shell clams from in any of the tidal waters of the Commonwealth by the use of a hydraulic dredge. The Virginia Institute of Marine Science may use hydraulic dredges to take and catch hard shell clams on an experimental basis.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 4.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.

4VAC20-70-120 Conventional dredge

A. It shall be unlawful to take or catch hard shell clams from any public or unassigned grounds in the tidal waters of the Commonwealth by the use of a conventional dredge except as provided in subsection B of this section.

B. It shall be lawful only between December 1 and April 1, to take or catch hard shell clams by the use of a conventional dredge from unassigned ground on the seaside of Accomack and Northampton counties where the water is more than four feet in depth at mean low water, provided each person complies with all the provisions of this chapter.

C. It shall be unlawful to operate a conventional dredge as permitted in subsection B of this section between one hour before sunset and one hour after sunrise, or on Sunday.

D. Any person who may desire to take or catch hard shell clams from leased ground by the use of a conventional dredge shall comply with all provisions of §§ 28.2-515, 28.2-516, and 28.2-517 of the Code of Virginia, except the provisions thereof relating to planting of seed oysters or shells and the use of said ground for cultivation of oysters.

E. It shall be unlawful for any person to use or have overboard any dredge within the following defined areas: all public waters of Chincoteague Bay and Assateague Bay and Channel lying east of a line that begins at the Virginia/Maryland state line marker "D" at latitude 38°01'10.00" N and longitude 75°19'50.90" W, thence southerly to the boundary marker located at latitude 38°00'19.00" N and longitude 75°20'09.90" W, thence southwesterly to the next boundary marker located at latitude 37°59'52.76" N and longitude 75°20'42.52" W, thence southwesterly to the next boundary marker located at latitude 37°59'35.13" N and longitude 75°21'40.28" W, thence southwesterly to channel marker R "14"' thence southerly to channel marker R "12" located adjacent to corner 627 of the Public Clamming Ground, thence southeasterly to channel marker R "10," thence southeasterly to channel marker G "9," thence southerly to channel marker R "8," thence southerly to channel marker R "6," thence southerly to channel marker R "4," thence southerly to channel marker G "1," thence due east to the shoreline to a point located at latitude 37°56'19.95," and longitude 75°22'17.44".

All public waters lying west of a line that begins at Cockle Point at latitude 37°59'09.54" N and longitude 75°24'25.82" W, thence northeasterly to the next boundary marker located at latitude 37°59'34.09" N and longitude 75°24'03.27" W, thence northeasterly to the next boundary marker located at latitude 38°00'02.69" N and longitude 75°23'36.38" W, thence northeasterly to channel marker Fl G "3."

F. All leased ground within the defined boundaries of subsection E of this section and meeting the provisions of subsection D of this section shall be exempt from the prohibition on dredging.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 4.3, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 18, Issue 5, eff. December 1, 2001.

4VAC20-70-130 Rakes

It shall be unlawful to take hard shell clams from any public or unassigned grounds in the tidal waters of Virginia by means of a rake other than by a conventional clam rake provided, however, that a bull rake may be used to take hard shell clams from the public or unassigned grounds on the seaside of Accomack and Northampton Counties from October 1 through April 30 inclusive. Further, a conventional clam rake or a bull rake may only be used by hand; any other means of use, including any method of attachment to a boat while the gear is harvesting, shall be unlawful.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 4.4, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.

4VAC20-70-135 Water rakes

A. It shall be unlawful for any person to purchase a water rake permit, unless that person is a valid clam aquaculture product owner permittee.

B. It shall be unlawful for any person to harvest or attempt to harvest cultured clams by water rake from leased ground without a water rake permit.

C. It shall be unlawful for any person to pull a water rake by any means, other than by hand, and it shall be unlawful for that person to use any mechanical assistance while harvesting or attempting to harvest cultured clams.

D. It shall be unlawful for any person to harvest or attempt to harvest cultured clams by water rake prior to sunrise or after sunset. It shall be unlawful for any person to leave the dock prior to one hour before sunrise, or return to the dock after sunset, on a boat with a water rake on that boat.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 31, Issue 23, eff. July 1, 2015.

4VAC20-70-140 License required

The license shall at all times be on board the boat available for inspection by any officer.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 4.5, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 22, Issue 4, eff. December 1, 2005.

Part V Penalty and Sanctions

4VAC20-70-150 Penalty

A. Except as provided in subsections B and C of this section, as set forth below in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1 misdemeanor.

B. As set forth in § 28.2-520 of the Code of Virginia, and reiterated in 4VAC20-70-110, any person using a hydraulic dredge to take hard shell clams from any tidal waters of the Commonwealth shall be guilty of a Class 1 misdemeanor.

C. As set forth in § 28.2-531 of the Code of Virginia, and reiterated in part in 4VAC20-70-50 A, 4VAC20-70-90, and 4VAC20-70-120 C, any person taking clams from public, unassigned, or leased ground during the hours from sunset to sunrise or on Sunday, and not otherwise excepted by § 28.2-531 of the Code of Virginia, shall be guilty of a Class 3 misdemeanor; provided, however, that any person violating the additional provisions of (i) no use of a hydraulic dredge on Saturday for the catching of soft shell clams from public or unassigned ground imposed by 4VAC20-70-90 and (ii) no use of a conventional dredge between the hours of one hour before sunset and one hour after sunrise for the catching of hard shell clams from unassigned grounds imposed by 4VAC20-70-120 shall be subject to the penalty set forth in § 28.2-903 of the Code of Virginia.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 5.1, Virginia Register Volume 11, Issue 19, eff. May 2, 1995; amended, Virginia Register Volume 14, Issue 8, eff. January 1, 1998.

4VAC20-70-160 Suspension and revocation of license

If any person is found operating a dredge in violation of any of the provisions of this chapter, including operating outside of an approved lease or operating outside of an approved marked area, any officer may immediately suspend the permit, and the boat operator shall surrender the permit to the officer upon request. Any such suspension shall continue in full force and effect until reviewed by the commission in accordance with § 28.2-521 of the Code of Virginia. Such review shall be held not later than 40 days after such suspension. After such review, the commission shall determine whether or not to revoke the permit as provided by § 28.2-521 of the Code of Virginia or reinstate the permit.

History

Statutory Authority: § 28.2-201 of the Code of Virginia.
Historical Notes: Derived from VR450-01-0010 § 5.2, Virginia Register Volume 11, Issue 19, eff. May 2, 1995.

Agency 25 Department of Energy

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

4VAC25-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Energy. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Energy, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

Part II Notification of Interested Persons

4VAC25-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC25-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

Part III Public Participation Procedures

4VAC25-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 45.1-161.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008.

4VAC25-11-120 Agency secretary for purpose of appeal

For appeals of regulatory or case decisions, pursuant to Rule 2A:2 of the Rules of the Supreme Court of Virginia, the agency herein names individuals to perform the function of agency secretary.

For appeals relating to Chapter 5 (§ 45.2-500 et seq.), 7 (§ 45.2-700 et seq.), 8 (§ 45.2-800 et seq.), or 9 (§ 45.2-900 et seq.) of Title 45.2 of the Code of Virginia, the division head of the Division of Mines (Chief) shall perform the functions of agency secretary.
For appeals relating to Chapter 11 (§ 45.2-1100 et seq.), 12 (§ 45.2-1200 et seq.), 13 (§ 45.2-1300 et seq.), 14 (§ 45.2-1400 et seq.), or 15 (§ 45.2-1500 et seq.) of Title 45.2 of the Code of Virginia, the division head of the Division of Mineral Mining (Division Director) shall perform the functions of agency secretary.
For appeals relating to Chapter 16 (§ 45.2-1600 et seq.) or 20 (§ 45.2-2000 et seq.) of Title 45.2 of the Code of Virginia, the division head of the Division of Gas and Oil (Division Director) shall perform the functions of agency secretary.
For appeals relating to Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia, the division head of the Division of Mined Land Repurposing (division director) shall perform the functions of agency secretary.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 25, 2008; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

Chapter 20 Board of Coal Mining Examiners Certification Requirements

Part I General and Specific Requirements for Certification

4VAC25-20-15 Definitions

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:

"Appropriately related work experience" means work experience which demonstrates the applicant's skill and level of responsibility in performing tasks and prepares and equips him to perform in the capacity of a certified person.

"BCME" means Board of Coal Mining Examiners.

"Chief" means the Chief of the Division of Mines.

"Department" means the Department of Energy.

"Division" means the Division of Mines.

"DMLR" means Division of Mined Land Repurposing.

"EMT" means emergency medical technician.

"GCM" means general coal miner.

"MSHA" means the Mine Safety and Health Administration.

"Virginia coal mine safety regulations" means 4VAC25-60 through 4VAC25-125.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-20 General requirements

A. Applicants shall submit the Application for Certification Examination, Form DM-BCME-1.

B. Applicants shall submit the Verification of Work Experience Form DM-BCME-2 and documentation of experience for approval by the chief if required for the certification. This information shall be signed by a company official knowledgeable of the experience of the applicant and shall be notarized.

C. Applicants shall submit a valid standard or advanced first aid certificate or card, first responder card, MSHA Form 5000-23 with the new miner training or annual refresher portion completed, or Emergency Medical Technician Certification except where noted. First aid shall be a component of training and examination for all certifications issued by the BCME.

D. Applicants shall submit documentation of all degrees, continuing education, and other training if required for certification.

E. Applicants shall submit a $10 fee to take each examination or to retake all or part of an examination.

F. The Application for Certification Examination and the applicable fees shall be submitted at least five working days prior to the examination.

G. Applicants shall fulfill the requirements of this section and accumulate the required years of experience no later than five years after passing the examination.

H. Those applicants not meeting the requirements of subsection G of this section shall begin the application process again, submitting a new application, taking the examination again, and paying the fee. A work experience form shall only be submitted if the applicant needs to update information.

I. Certificate holders shall notify the division office within 90 days of a change in their name, their mailing address, or the status of any certification required by this chapter. Failure to do so may prevent the division from notifying the certificate holder of the certification requirements. The last known address reported to the division will be used to mail notices and information.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 1.2, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-30 Examination requirements

A. Applicants for first class mine foreman, surface foreman, surface blaster, and underground shot firer certifications shall score at least 85% on each section of the written examination. Applicants for all other certifications shall score at least 80% on each section of the written examination.

B. If all or part of an examination is failed, then the applicant shall wait at least 10 working days after the notification letter has been sent before retaking the failed section or sections.

C. If a section of the examination is failed a second time, then the applicant shall wait at least 10 working days after the notification letter has been sent before retaking the entire examination.

D. If the examination is failed on the third try, then the applicant shall wait the greater of one year from the date of the first examination or 10 working days after the notification letter has been sent before he may begin the examination cycle again.

E. If one year passes prior to the third take of the examination, the certification cycle shall start over with a new application, fee, and examination. A work experience form shall only be submitted if the applicant needs to update information.

F. An examination may not be taken more than three times in one year. If a person fails any section or sections of a segmented underground mine foreman or electrical repairman examination, then the second take of the exam shall include only those sections failed during the first take and shall be given only after the person has completed the first take of all exam segments. If a person fails any section during the second take of the exam, then the person shall take the complete examination for the third take of the exam.

G. Applicants for certifications shall also pass the gas detection examination unless already certified in gas detection except as noted in the certification requirements in Part II (4VAC25-20-50 et seq.) of this chapter.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 1.3, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-40 Requirements for reciprocity

A. Reciprocity shall be available for persons certified by states which accept the corresponding Virginia certifications and whose certification requirements are substantially equivalent to Virginia's.

B. If reciprocity is requested by a person certified in another state which accepts the corresponding Virginia certification, a current copy of the pocket card or certificate, and documentation from the other state shall be submitted in addition to fulfilling the requirements in 4VAC25-20-20 and meeting other conditions established in the reciprocity agreement between the two states. These conditions shall at a minimum include the following:

Applicants for electrical reciprocity must pass the practical and the mine electrical records sections of the Virginia exam.
Applicants for mine foreman must take the Virginia Mining Law and Mine Records sections of the Virginia exam.
Applicants for advanced first aid who hold a current mine emergency technician certification from another state must take the eight hours of training with regard to recertification of CPR and the elements relevant to the advanced first aid program in Virginia.

C. Applicants for a surface blaster certification shall pass any other examinations required by the DMLR with a score of at least 85% and meet any corresponding DMLR requirements.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 1.4, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-45 Approval of continuing education programs and sponsors

A. Colleges, universities, training companies, manufacturers, operators, other organizations and persons who wish to sponsor a continuing education program shall submit information to the chief which explains how their program will meet the requirements outlined in this chapter. The request shall include a description of the proposed training, the instructor's name and certification numbers, and the tentative schedule and location. Applicants approved to provide training shall notify the division of the final schedule as soon as is practical.

B. Applicants who wish to have continuing education approved for credit shall submit information to the chief which explains how the training they attended meets the requirements outlined in this chapter. The request shall include a description of the training, the instructors name and certification numbers, and the date, time and location of the training.

C. The chief shall notify the applicant in writing of his decision to approve or disapprove the training.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

Part II Certification Requirements

4VAC25-20-50 Underground mine foreman

A. Applicants shall possess five years mining experience, three of which shall be underground, and shall pass the underground mine foreman, map, and gas detection examinations.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college or two years credit for a degree in mining technology.

C. Applicants shall be at least 23 years of age.

D. Certified mine foremen shall complete the continuing education requirements in this section within two years from the date of their certification and every two years thereafter. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed prior to these deadlines.

E. The holder of the certificate, in order to receive continuing education credit, shall satisfactorily complete an underground mine foreman continuing education course approved by the chief and taught by a certified instructor or other instructor approved by the chief.

F. The underground mine foreman shall complete at least four hours of continuing education every two years.

G. The content of the continuing education course shall include the:

Coal Mine Safety Act, Chapter 5 ( § 45.2-500 et seq.) of Title 45.2 of the Code of Virginia;
Virginia coal mine safety regulations;
Responsibilities of underground mine foreman;
Virginia coal mine safety policies and division operators' memos; and
Review of fatalities and accident trends in Virginia underground coal mines.

H. A maximum of four hours in excess of the required hours may be carried over to the next continuing education period.

I. Failure to complete continuing education requirements shall result in suspension of a person's certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

J. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.1, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-60 First class shaft or slope foreman

A. Applicants shall possess five years mining work experience at a shaft or slope or appropriately related work experience approved by the chief.

B. Applicants shall pass the first class shaft or slope foreman and gas detection examinations.

C. Applicants may be given three years credit for a degree in mining engineering or two years credit for a degree in mining technology.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.2, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-70 Surface mine foreman

A. Applicants shall possess five years of surface coal mining experience.

B. Applicants shall pass the surface mine foreman, first aid, and gas detection examinations.

C. Certified persons shall complete the continuing education requirements in this section within two years from the date of their certification and every two years thereafter. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed prior to these deadlines.

D. The holder of the certificate, in order to receive continuing education credit, shall satisfactorily complete a surface mine foreman continuing education course approved by the chief and taught by a certified instructor or other instructor approved by the chief.

E. The surface mine foreman shall complete at least four hours of continuing education every two years.

F. The content of the continuing education course shall include the:

Coal Mine Safety Act, Chapter 5 ( § 45.2-500 et seq.) of Title 45.2 of the Code of Virginia;
Virginia coal mine safety regulations;
Responsibilities of surface mine foreman;
Virginia coal mine safety policies and division operators' memos; and
Review of fatalities and accident trends in Virginia surface coal mines.

G. A maximum of four hours in excess of the required hours may be carried over to the next continuing education period.

H. Failure to complete continuing education requirements shall result in suspension of a person's certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

I. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.3, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-80 Surface blaster

A. Applicants shall possess one year blasting experience on a surface mine under the direction of a certified surface blaster or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface blaster examination and the endorsement section of the examination required by the DMLR and meet any corresponding DMLR requirements in 4VAC25-130-850.14. The gas detection examination is not required.

C. Certified surface blasters must be recertified in accordance with the DMLR requirements in 4VAC25-130-850.15. To remain certified, a blaster shall be recertified every five years by:

Presenting written proof that he has demonstrated blasting competency in his work during two of the last three years immediately preceding the expiration date; or
Retaking and passing the mined land reclamation portion of the blaster exam.

D. An applicant who fails the exam shall complete the training required by DMLR regulations in 4VAC25-130-850.13 and pass the coal surface blaster's exam prior to recertification.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.4, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-90 Underground shot firer

A. Applicants shall possess two years coal mining experience underground, one year of the two years shall have included handling and using explosives underground under the direction of a certified underground shot firer, or appropriately related work experience approved by the chief.

B. Applicants shall pass the underground shot firer and gas detection examinations.

C. Beginning August 25, 2005, a certified underground shot firer must be recertified every five years by:

Presenting written proof that he has performed underground blasting duties in his work during two of the last three years immediately preceding the expiration date;
Retaking and passing the underground shot firer examination; or
Presenting verification of completion of underground mine foreman or other continuing education that included underground blasting safety training.

D. Failure to maintain education or training requirements shall result in suspension of a person's certification pending completion of continuing education or training. If the continuing education or training requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

E. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.5, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-100 Underground electrical repairman

A. Applicants shall possess one year of electrical experience in underground coal mining under the direction of a certified underground electrical repairman or appropriately related work experience approved by the chief.

B. Applicants shall pass the underground electrical repairman and gas detection examinations.

C. Applicants may be given six months credit for electrical educational training from a college, technical school, or vocational school.

D. Applicants who are certified may perform electrical work at underground locations.

E. Continuing education requirements.

An underground electrical repairman certification shall remain valid if the certified person meets the MSHA annual electrical retraining requirements (30 CFR 75.153(g)).
Submission of a copy of documentation sent to MSHA shall be acceptable to meet this requirement.
If a certificate expires because the certificate holder fails to complete the electrical retraining requirements, then the holder of the expired certificate shall meet requirements of Part I (4VAC25-20-10 et seq.) of this chapter and pass the electrical repairman examination prior to reinstatement of certification by the board.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.6, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-110 Surface electrical repairman

A. Applicants shall possess one year of electrical experience in surface coal mining under the direction of a certified surface electrical repairman or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface electrical repairman and gas detection examinations.

C. Applicants may be given six months credit for electrical educational training from a college, technical school, or vocational school.

D. Applicants who are certified may perform electrical work at surface locations only.

E. Continuing education requirements.

A surface electrical repairman certification shall remain valid if the certified person meets the MSHA annual electrical retraining requirements (30 CFR 77.103(g)).
Submission of a copy of documentation sent to MSHA shall be acceptable to meet this requirement.
If a certificate expires because the certificate holder fails to complete the retraining requirements, then the holder of the expired certificate shall meet requirements of Part I (4VAC25-20-10 et seq.) of this chapter and pass the surface electrical repairman examination prior to reinstatement of certification by the board.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.7, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-120 Electrical maintenance foreman (surface and underground)

A. Applicants shall hold a valid electrical repairman certification prior to being eligible to take the appropriate electrical maintenance foreman examination and shall pass the appropriate electrical maintenance foreman examination.

B. Applicants shall possess three years electrical experience as applied to underground mining or appropriately related work experience approved by the chief.

C. Applicants may be given one year credit for an electrical engineering degree, or six months credit for electrical education training from a technical or vocational school.

D. Applicants who become certified may perform electrical work at surface and underground locations.

E. Applicants must meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.8, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-125 Electrical maintenance foreman (surface)

B. Applicants shall possess three years electrical experience as applied to surface mining or appropriately related work experience approved by the chief.

C. Applicants may be given one year credit for an electrical engineering degree, or six months credit for electrical education training from a technical or vocational school.

D. Applicants who become certified may perform electrical work at surface locations only.

E. Applicants must meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-129 Chief electrician (surface and underground)

A. Applicants shall hold a valid electrical repairman and electrical maintenance foreman certification prior to being eligible to take the chief electrician examination and shall pass the appropriate chief electrician examination.

B. Applicants shall possess five years electrical experience or appropriately related work experience approved by the chief and shall meet continuing education requirements in subsection E of 4VAC25-20-100 for an electrical repairman.

C. Applicants who become certified may perform electrical work at surface and underground locations.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-130 Chief electrician (surface)

C. Applicants who become certified may perform electrical work at surface locations only.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.9, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-140 Hoisting engineer

A. Applicants shall possess two years of practical mining experience and one year of hoisting experience under the direction of a certified hoisting engineer or appropriately related work experience approved by the chief. A certified hoisting engineer shall verify the hoisting experience.

B. The applicant shall pass the hoisting engineer and gas detection examinations.

C. After the examination has been successfully completed, the applicant shall obtain written permission from a mine official to have a representative from the division observe the applicant's operation of hoisting equipment at the mine. Permission shall be on company stationery, signed by the company official, and submitted to the division.

D. A certified hoisting engineer may act as an automatic elevator operator after completing the on-site demonstration required by 4VAC25-20-240 C.

E. A hoisting engineer must be recertified every five years by:

Presenting written proof that he has performed hoisting engineer duties in his work during two of the last three years immediately preceding the expiration date; or
Retaking and passing the practical demonstration section of the hoisting engineer examination and meeting requirements of subsection C of this section.

F. Failure to maintain education or training requirements shall result in suspension of a person's certification pending completion of continuing education or training. If the continuing education or training requirement is not met within two years from the suspension date, the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last address the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.10, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-150 Top person

A. Applicants shall possess one year of practical mining experience with at least 30 days under the direction of a certified top person or appropriately related work experience approved by the chief.

B. Applicants shall pass the top person, first aid, and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.11, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-160 Preparation plant foreman

A. Applicants shall possess five years coal mining experience, at least one year shall be at a preparation plant, or appropriately related work experience approved by the chief.

B. Applicants shall pass the preparation plant foreman and gas detection examinations.

C. Applicants may be given three years credit for a degree in mining engineering or two years credit for a degree in mining technology.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.12, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-170 Dock foreman

A. Applicants shall possess one year experience at a dock or appropriately related work experience approved by the chief.

B. Applicants shall pass the dock foreman and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.13, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-180 Underground mine inspector

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college.

C. Applicants shall hold a valid Underground Mine Foreman Certificate.

D. Applicants shall meet the continuing education requirements of 4VAC25-20-50 for underground mine foreman.

E. Applicants shall pass the underground mine inspector examination.

F. A certificate will not be issued until an applicant is employed by the department and shall only remain valid while the person is employed by the department.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.14, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-185 Surface mine inspector

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia.

B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college.

C. Applicants shall hold a valid Surface Mine Foreman Certificate.

D. Applicants shall meet the continuing education requirements of 4VAC25-20-70 for surface mine foreman.

E. Applicants shall pass the surface mine inspector examination.

F. A certificate will not be issued until an applicant is employed by the department and shall only remain valid while the person is employed by the department.

G. Applicants who already possess a valid underground mine inspector certification pursuant to 4VAC25-20-180 shall be deemed to have met the requirements of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 34, Issue 1, eff. October 19, 2017; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-190 Underground diesel engine mechanic

A. All maintenance work performed on diesel engines used to power equipment in underground coal mines shall be performed by, or under the direct supervision of, a person possessing a Diesel Engine Mechanic Certificate issued by the BCME. In addition, no operator of an underground coal mine in the Commonwealth of Virginia may use diesel-powered equipment in the mine without first employing a diesel engine mechanic who is certified by the BCME.

B. "Maintenance" shall include all of the tasks required to be performed routinely to ensure that the engine exhaust emissions conform with the requirements of the laws and regulations of Virginia and MSHA, and with the maintenance recommendations of the manufacturer of the engine.

C. Applicants shall possess six months experience as a diesel engine mechanic, complete a diesel engine mechanic course approved by the division, or possess appropriately related work experience approved by the chief. A one-year diesel engine mechanic program approved by the division may be substituted for the diesel engine mechanic experience.

D. Applicants shall pass the underground diesel engine mechanic, first aid, and gas detection examinations.

E. The initial training course for diesel engine mechanics shall include at least 32 hours of classroom instruction and be taught by a certified instructor.

F. To qualify for approval by the chief, the content of the initial training course for diesel engine mechanics shall include, but is not limited to:

Diesel engine principles;
Diesel fuel and fuel systems;
Engine exhaust systems;
State and federal diesel laws and regulations;
Safe use of equipment;
Emission controls, testing procedures and recordkeeping; and
Protection of health of workers exposed to diesel equipment.

G. The annual continuing education course for diesel engine mechanics shall include at least four hours of classroom instruction and be taught by a certified instructor.

H. The content of the continuing education course shall include, but not be limited to:

Diesel technology;
State and federal diesel laws and regulations;
Safe use of equipment;
Protection of the health of workers exposed to diesel equipment; and
Required emission test procedures and recordkeeping.

I. A Diesel Engine Mechanic Certificate shall remain valid until December 31 following the anniversary date of the initial training, providing the certification requirements are met, unless the certificate is revoked by the BCME.

J. The holder of the certificate shall renew the certificate by satisfactorily completing a diesel engine mechanic continuing education course approved by the chief and taught by a certified instructor.

K. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed before the expiration of the card.

L. Failure to complete the required education shall result in suspension of certification pending completion of continuing education. If the continuing education requirement is not met within two years from the suspension date, then the certification shall be revoked by the BCME.

M. The division shall send notice of any suspension to the last known address that the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.15, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-200 Diesel engine mechanic instructor

A. Applicants shall have teaching experience and be a certified diesel engine mechanic or possess appropriately related work experience approved by the chief.

B. Applicants shall maintain the certificate by teaching at least one approved diesel engine mechanic course every two years or at least one approved diesel engine mechanic continuing education course every year.

C. Documentation shall be submitted to the division indicating the required teaching has been completed.

D. Failure to complete the required teaching shall result in suspension of the certification. Applicants may meet the teaching requirement by teaching under the supervision of a certified diesel mechanic engine instructor. If the teaching requirement is not met one year from suspension, then the certification shall be revoked by the BCME.

E. The division shall send notice of any suspension to the last known address that the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.16, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-210 Advanced first aid

A. Applicants shall complete a 24-hour advanced first aid class, at minimum, taught by a certified advanced first aid instructor or possess appropriately related work experience approved by the chief and pass the advanced first aid examination.

B. Approved advanced first aid classes shall cover the following subjects:

Introduction to first aid;
Respiratory emergencies and cardiopulmonary resuscitation; i.e., heart saver or other four-hour equivalent;
Removal of foreign bodies from the throat (the Heimlich Maneuver);
Wounds;
Shock;
Specific injuries including head and chest;
Contamination, infection, and prevention;
Burns;
Cold exposure and frost bite;
Bone and joint injuries;
Dressings and bandages;
Sudden illness;
Emergency underground rescue and transfer;
Unusual rescue situations related to mining;
Poisoning, toxic and hazardous materials;
Transportation of victims; and
Heat exposure.

C. An advanced first aid certification in good standing with the BCME shall remain valid until the last day of the month following the anniversary date of the initial or continuing education training. Certified persons shall complete four hours continuing education annually, which is taught by a certified advanced first aid instructor, to maintain their advanced first aid card. This continuing education requirement shall include documented annual training in CPR and recertification every two years.

D. The holder of the certificate shall submit documentation to the division indicating the required continuing education has been completed.

E. Applicants holding a valid EMT card or EMT first responder card, shall be deemed eligible to receive advanced first aid certification without having to complete the initial advanced first aid class or without passing the advanced first aid examination. All applicants shall complete eight hours of continuing education. The advanced first aid certification shall start on the day the applicant's EMT certification or EMT first responder certification expires.

F. Failure to complete required continuing education shall result in suspension of the certification pending completion of the continuing education. If the continuing education requirement is not met within one year from the suspension date, then the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.17, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 25, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-220 Advanced first aid instructor

A. Applicants shall be certified as an advanced first aid instructor by the American Red Cross, National Safety Council, Virginia Office of Emergency Medical Services, or as otherwise approved by the chief. Applicants shall also be certified in cardiopulmonary resuscitation by the American Heart Association, the American Red Cross, or other training programs approved by the Virginia Office of Emergency Medical Services and approved by the chief. Advanced first aid instructors must use the materials and training aids necessary to deliver the skills and training associated with advanced first aid.

B. The holder of the certificate shall submit documentation to the division indicating that they have continued their certification as required by subsection A of this section or by teaching one initial or refresher first aid training course for the department within a two-year period.

C. Failure to maintain a certified advanced first aid instructor's certification will result in suspension of the applicant's BCME certification. Applicants may meet the teaching requirement by teaching under the supervision of an advanced first aid instructor. If the certification is not renewed within one year from the suspension date, then the certification shall be revoked by the BCME.

D. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I. Upon request, the department will provide the mine operator and other interested parties with a list of individuals whose certification is in suspension or has been revoked.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.18, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004; Volume 29, Issue 25, eff. September 25, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-230 Surface facilities foreman for shops, labs and warehouses

A. Applicants shall possess one year work experience at a shop, lab or warehouse or appropriately related work experience approved by the chief.

B. Applicants shall pass the surface facilities foreman and gas detection examinations.

C. This certification shall not be used in lieu of any other certification.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.19, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-240 Automatic elevator operator

A. Applicants shall possess one year mining experience or appropriately related work experience approved by the chief.

B. Applicants shall pass the automatic elevator operator and gas detection examinations.

C. The applicant shall obtain written permission from a mine official to have a representative from the division observe the applicant's operation of an automatic elevator at the mine. Permission shall be on company stationery, signed by the company official, and submitted to the division prior to the scheduled observation. The applicant shall demonstrate proper use of the equipment.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and 45.1-161.35 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.20, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

4VAC25-20-250 Gas detection qualification

A. The applicant shall demonstrate the proper use of gas detection equipment and shall pass the gas detection examination. The applicant shall also demonstrate a practical knowledge of mine gases.

B. The general requirements of 4VAC25-20-20 shall not apply except the applicants shall complete Form DM-BCME-1.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from VR480-04-2 § 2.21, eff. June 30, 1994; amended, Virginia Register Volume 13, Issue 22, eff. August 20, 1997; Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-255 General coal miner (GCM) surface and underground

A. General coal miner certification, surface, authorizes work at surface mines, surface facility locations and surface areas of underground coal mines. This does not authorize underground duties at underground coal mines. General coal miner certification, underground, authorizes work at underground areas and surface areas of underground mines.

B. Applicants employed in Virginia coal mines prior to January 1, 1996, who wish to become certified shall:

Meet the requirements of Part I (4VAC25-20-10 et seq.) of this chapter;
Submit a notarized work experience form verifying (surface or underground) mining experience prior to January 1, 1996; and
Pass the gas detection examination if they are not already gas detection qualified unless working only on the surface of a mine.

C. Applicants seeking certification after January 1, 1996, shall:

Meet the requirements of Part I (4VAC25-20-10 et seq.) of this chapter.
Complete training which shall include highlights of the coal mine safety laws of Virginia and the underground coal mine safety and health regulations of the division and the BCME. The training shall address surface mining requirements for the GCM Surface Certification or underground coal mining requirements for the GCM Underground Certification. The training shall include a demonstration of knowledge or passing of a written examination on Virginia's coal mine safety laws and regulations covering either surface or underground mining. First aid shall be included in the general coal miner training unless applicants submit new miner training or annual refresher training to meet first aid requirements.
Submit Form DM-BCME-3, Verification of Training Completed for General Coal Miner Certification, prior to commencing work in a coal mine. The form shall be signed by the employee and the instructor and the date they sign will be the effective date of the General Coal Miner certification.
Pass the gas detection examination unless working only on the surface of a mine.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

4VAC25-20-259 BCME instructor

A. Instructors conducting training used to meet requirements of the BCME shall be certified unless otherwise approved in this chapter.

B. To become a certified instructor, the person shall:

Submit an application showing applicable mining knowledge and instructor experience.
Agree to monitoring and evaluation by division instructors and demonstrate the knowledge, skill and ability to conduct training.
Agree to participate with division representatives in a review of the materials to be taught if the person is not certified in the areas he wishes to teach.
Provide students with the opportunity to critique the instructor's effectiveness by use of a critique form.

C. Final approval for certification shall be based on an evaluation of performance.

D. Applicants shall maintain the certificate by teaching at least one approved certification course every two years.

E. The holder of the certificate shall submit documentation to the division indicating the required teaching has been completed.

F. Failure to recertify shall result in suspension of the certification pending completion of the required teaching. Applicants may meet the teaching requirement by teaching under the supervision of a certified instructor. If the teaching requirement is not met within one year from the suspension date, then the certification shall be revoked by the BCME.

G. The division shall send notice of any suspension to the last known address of the certified person reported to the division in accordance with 4VAC25-20-20 I and to the last known employer address.

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

Part III Certification Requirements for Mineral Mining [Repealed]

4VAC25-20-260 (Repealed.)

Historical Notes

Derived from VR480-04-2, eff. June 30, 1994; repealed, Virginia Register Volume 13, Issue 22, eff. August 20, 1997.

Part IV On-Site Examination of Underground Mine Foreman

4VAC25-20-340 Examinations

A. When an underground mine is issued a closure order or violation related to a hazardous roof or ventilation condition, the underground mine foreman may be examined to determine his knowledge of the roof control plan and ventilation requirements in the area of his responsibility at the mine. The examination shall be conducted on the surface at the mine site on the day the violation or closure order is issued.

B. The chief shall develop a pool of no more than 50 questions addressing the areas listed in subsection D of this section, which shall be approved by the BCME. These questions shall be available on request and should be incorporated as part of continuing education and other training for underground mine foremen.

C. A division inspector shall administer a written examination using 10 questions from the approved pool. The foreman shall answer eight out of 10 questions correctly to demonstrate thorough understanding of the mine's roof or ventilation plans. The inspector shall select questions from the pool which are most relevant to the conditions or practices resulting in the order of closure or violation.

D. The underground mine foreman may refer to roof control, ventilation, bleeder, or other plans available to him when examined at the surface of an underground mine. Any underground mine foreman performing tasks requiring certification or otherwise directing work in ventilation or roof support shall be able to provide the following information:

Describe the roof control requirements set out in the mine's roof control plan in the area of the foreman's responsibility.
Describe the frequency and methods of any required testing of roof, face and ribs in the area of the foreman's responsibility.
Show how the roof control practices in the area of the foreman's responsibility comply with the requirements of the roof control plan.
Describe the frequency and contents of any pre-shift, on-shift, and, when applicable, weekly examinations of mine ventilation required in the area of the foreman's responsibility.
Describe the requirements for action under the mine's fan stoppage plan in the area of the foreman's responsibility.
Describe any requirements for face ventilation controls used in the area of the foreman's responsibility.
Describe any requirements under the mine bleeder plan in the area of the foreman's responsibility.
Describe the requirements for mine ventilation controls such as regulators, ventilation doors, and other similar controls in the area of the foreman's responsibility.
Describe the minimum volume of air required in the area of the foreman's responsibility.
Describe the minimum requirements for quality of air (oxygen, carbon dioxide, and methane) in the area of the foreman's responsibility.
Describe the procedure to follow in the area of the foreman's responsibility upon an accumulation of methane at:

a. 1.0% or greater not less than 12 inches from the roof, face, ribs, or floor;

b. Greater than 1.0% in a split that ventilates any group of active areas;

c. 1.5% (or 2.0% as applicable) in a split of air returning from areas where coal is being extracted or is capable of being extracted; or

d. 5.0% or greater in any area of the mine.

E. The division inspector completing an examination of an underground mine foreman under this part shall discuss the results of the exam with the foreman before leaving the mine.

History

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017.

4VAC25-20-350 Actions brought before the BCME

A. The examination shall be the basis of any enforcement action brought before the board for failure to display a thorough understanding of the roof control plan and ventilation for the area of the mine for which he is responsible.

B. Refusal of the underground mine foreman to submit to examination will constitute just cause to be brought before the board and may result in suspension of certification and revocation of certification by the board.

History

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017.

Part V Guidelines for On-Site Examination of an Underground Mine Foreman

4VAC25-20-360 Purpose and scope

A. Section 45.2-528 of the Code of Virginia provides for on-site examination of an underground mine foreman by a mine inspector to determine that the foreman has a thorough understanding of the roof control plan and ventilation for the area of the mine for which he is responsible. The procedures followed by the inspector in conducting an on-site examination of an underground mine foreman must be consistent with requirements in Part IV (4VAC25-20-340 et seq.) of this chapter. This includes the use of questions approved by the board which are administered in accordance with this chapter.

B. The purpose of examining an underground mine foreman is to measure and evaluate his knowledge and understanding of mine roof control and ventilation for the areas of his responsibility. Underground mine foremen are required to demonstrate this and other elements of mine safety when they become certified to act as mine foremen in the Commonwealth of Virginia.

C. An on-site examination by the mine inspector will only be initiated when there is just cause that the underground mine foreman has failed to maintain safe roof control and ventilation for his area of responsibility at the mine. Just cause for an on-site examination of an underground mine foreman by a mine inspector must be based on issuance of an order of closure or violation related to a hazardous condition pertaining to roof control or ventilation.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-370 Determination by the inspector to conduct an on-site examination

A. An order of closure issued in accordance with § 45.2-569 of the Code of Virginia, or notice of violation issued in accordance with § 45.2-568 of the Code of Virginia that relate to roof control or ventilation hazards, shall be reviewed at the time it is issued for evidence of underground mine foreman negligence, which could require on-site examination of the mine foreman by the mine inspector. In making the determination whether or not to conduct an on-site examination, the mine inspector must establish the following:

The roof or ventilation hazards cited resulted from performing his duties with less than ordinary care. Ordinary care means the use of such care as a reasonably prudent and careful underground mine foreman could use under similar circumstances.
The underground mine foreman knew or should have known of the existence of the hazardous condition.

B. When these criteria have been established, the mine inspector will undertake an on-site examination of the underground mine foreman.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-380 Notification of intent to conduct an on-site examination

A. The mine inspector will notify the underground mine foreman of an order of closure or notice of violation for a hazardous condition related to roof control or ventilation in the area of the foreman's responsibility. The inspector will let him know that he intends to invoke the provision of the law for an on-site examination of the foreman.

B. The following approach will be taken by the mine inspector in giving notice to the underground mine foreman:

The notification will be given by the inspector in private.
The inspector will be courteous and professional in explaining the reason for the on-site examination.
The inspector will explain the procedures he will follow in conducting the on-site examination.

History

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017.

4VAC25-20-390 Procedures for conducting on-site examination

A. The on-site examination of the underground mine foreman will be handled in such a way as to not prevent the foreman from performing his duties. The on-site examination must be conducted, to the extent possible, immediately on arrival outside on the surface on the day the order of closure or notice of violation is issued.

B. These procedures will be followed in conducting the on-site examination:

The examination will be administered in a written format.
The mine inspector will choose the 10 questions from the approved pool related to the condition or practice being cited by the order of closure or notice of violation.
The underground mine foreman will be provided sufficient time to write out his answers to the questions. He may refer to plans or other information available to him. However, no other person may assist him in answering the questions. The mine inspector will remain with the mine foreman during the written examination.
The mine inspector will read the questions being asked to the underground mine foreman if requested and should answer any questions from the mine foreman which could help to clarify his understanding of the questions.
The underground mine foreman may respond to the questions orally. In this case, the mine inspector will record the response of the mine foreman to each question on the examination form, have the foreman sign the form as accurately representing the response, and provide the mine foreman a copy promptly upon completion.

History

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 34, Issue 1, eff. October 19, 2017.

4VAC25-20-400 Results of the on-site examination

A. The mine inspector will promptly check the responses given by the underground mine foreman for each of the 10 questions asked. At least eight of the 10 questions must be answered correctly to successfully complete the on-site examination. The results of the on-site examination will be reviewed promptly with the underground mine foreman. A copy of the written on-site examination competed by the underground mine foreman will be provided to him promptly by the mine inspector.

B. The circumstances related to the on-site examination of the underground mine foreman, including pass or fail results, will be described in the inspector's report, and will be reviewed as part of the closeout of the scheduled inspection activity for the mine.

C. The chief will notify the underground mine foreman and mine operator in writing of the petition to the BCME for a formal hearing. Should a petition for a hearing be requested, the hearing would be conducted in accordance with Part VI (4VAC25-20-410 et seq.) of this chapter.

D. If an underground mine foreman successfully appeals a violation which resulted in an on-site evaluation and further establishes to the BCME that he had a thorough knowledge of such plans, then the failure of the on-site examination shall not be used in any other revocation against the foreman.

History

Statutory Authority: §§ 45.1-161.28 and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 34, Issue 1, eff. October 19, 2017.

Part VI Hearing Procedures

4VAC25-20-410 Prehearing procedures

A. Any person wishing to bring any matter before the board shall use these procedures except for good cause shown before the board.

B. Petitions for action by the board shall be in writing, shall state the grounds for the petition before the board, shall state the relief sought, and shall include any applicable supporting material, as set out below:

For certification to be revoked in accordance with § 45.2-528 of the Code of Virginia, the petitioner or petitioners shall submit specific charges, which set forth the reasons why the certification should be revoked.
To request a reexamination for a certificate revoked pursuant to § 45.2-528 of the Code of Virginia, the holder of the revoked certificate shall submit a request for reexamination with evidence that the cause for revocation of his certificate has ceased to exist.
For other petitions before the board, the petitioner shall submit a written petition explaining the request being made and the relief being sought.

C. The division shall assign a docket number to all petitions before the board. The division shall provide written notice to all parties to any proceeding in accordance with § 45.2-528 of the Code of Virginia and the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. Persons wishing to address the board, except those making a petition for board action, will be provided an opportunity at the conclusion of the board meeting.

E. Persons shall make any request for change to the board's regulations in accordance with the department's and the board's Public Participation Guidelines, 4VAC25-11.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-420 Conduct of formal hearings

A. All hearings shall be heard during scheduled meetings of the board, on a case-by-case basis, in the order the petitions appear on the docket.

B. Hearings shall be held in the department's Big Stone Gap office, unless a different location is agreed to by mutual consent of the parties to the hearing and the Chairman of the BCME.

C. Hearings requiring case decisions shall be recorded.

D. Each party has the right to be represented by legal counsel.

E. The chairman, with the concurrence of the majority of the board present at a hearing, shall have the authority to limit evidence to that relevant to the issues. Any proofs, rebuttal, and cross examination which are immaterial, insubstantial, privileged, or repetitive may be excluded.

F. The chairman may continue, adjourn and reconvene the hearing as necessary.

G. Decisions of the board shall be made based on a preponderance of the evidence placed before it.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997.Amended, Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-20-430 Post-hearing procedures

A. The board may require submittal of briefs from the parties to a hearing concerning the issues of record before the board. The board shall schedule submittal of briefs at the time of the hearing.

B. Transcripts of the proceeding shall be provided on request to any party to the hearing at cost. Motions to correct any transcript shall be filed within 10 working days after delivery of the transcript, and shall be ruled on by the chief within 10 working days after his receipt of the motion. Any corrections shall be sent to all parties to the hearing who have received a copy of the transcript.

C. Decisions shall be rendered in writing and communicated to parties to the proceeding in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 45.1-161.28, 45.1-161.29, and 45.1-161.34 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 22, eff. August 20, 1997; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

Chapter 31 Reclamation Regulations for Mineral Mining

Part I General Provisions

4VAC25-31-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acre-foot" means a unit of volume equal to 43,560 cubic feet or 325,853 gallons. One acre-foot of water is equivalent to one acre covered by water one foot deep.

"Berm" means a stable ridge of material used in reclamation for the control of sound and surface water, safety, aesthetics, or such other purpose as may be applicable.

"Critical areas" means problem areas such as those with steep slopes, easily erodible material, hostile growing conditions, concentration of drainage or other situations where revegetation or stabilization will be potentially difficult.

"Dam break inundation zone" means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.

"Department" means the Department of Energy.

"Director" means the Director of the Department Energy or his designee.

"Division" means the Division of Mineral Mining.

"Fifty-year storm" means the storm magnitude expected to be equaled or exceeded on the average of once in 50 years. It may also be expressed as a probability that there is a 2.0% chance that the storm magnitude may be equaled or exceeded in any given year. A 50-year, 24-hour storm occurs when the total 50-year storm rainfall occurs in a 24-hour period.

"Inert waste" means brick, concrete block, broken concrete, and uncontaminated minerals or soil.

"Intermittent stream" means a stream that contains flowing water for extended periods during a year, but does not carry flows at all times.

"Internal service roads" means roads that are to be used for internal movement of raw materials, soil, overburden, finished, or in-process materials within the permitted area, some of which may be temporary.

"Natural drainageway" means any natural or existing channel, stream bed, or watercourse that carries surface or ground water.

"One hundred-year storm" means the storm magnitude expected to be equaled or exceeded on the average of once in 100 years. It may also be expressed as a probability that there is a 1.0% chance that the storm magnitude may be equaled or exceeded in any given year. A 100-year, 24-hour storm occurs when the total 100-year storm rainfall occurs in a 24-hour period.

"On-site generated mine waste" means the following items generated by mineral mining or processing activities taking place on the permitted mine site:

| Drill steel | Tree stumps/land clearing debris | | --- | --- | | Crusher liners | Large off-road tires | | Conveyor belting | Scrap wood or metal | | Steel cable | Steel reinforced air hoses | | Screen cloth | Broken concrete or block | | Punch plate | V-belts |

"Perennial stream" means a well-defined channel that contains water year round during a year of normal rainfall. Generally, the water table is located above the streambed for most of the year and groundwater is the primary source for stream flow. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.

"Permitted area" means the area within the defined boundary shown on the application map including all disturbed land area, and areas used for access roads and other mining-related activities.

"Principal access roads" means roads that are well-defined roads leading from scales, sales offices, or loading points to a public road.

"Probable maximum flood (PMF)" means the flood that might be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region. The PMF is derived from the current probable maximum precipitation (PMP) available from the National Weather Service, National Oceanic and Atmospheric Administration. In some cases local topography or meteorological conditions will cause changes from the generalized PMP values; therefore, it is advisable to contact local, state, or federal agencies to obtain the prevailing practice in specific cases.

"Qualified person" means a person who is suited by training or experience for a given purpose or task.

"Regrade" or "grade" means to change the contour of any surface.

"Riparian buffer" means an area of trees, shrubs, or other vegetation that is managed to maintain the integrity of the stream channel and reduce the effects of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals.

"Sediment" means undissolved organic or inorganic material transported or deposited by water.

"Sediment basin" means a basin created by the construction of a barrier, embankment, or dam across a drainageway or by excavation for the purpose of removing sediment from the water.

"Spillway design flood (SDF)" means the largest flood that needs be considered in the evaluation of the performance for a given project. The impounding structure shall perform so as to safely pass the appropriate SDF. Where a range of SDF is indicated, the magnitude that most closely relates to the involved risk should be selected.

"Stabilize" means any method used to prevent movement of soil, spoil piles, or areas of disturbed earth. This includes increasing bearing capacity, increasing shear strength, draining, compacting, rip-rapping, vegetating or other approved method.

"State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.

"Ten-year storm" means the storm magnitude expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as a probability that there is a 10% chance that the storm magnitude may be equaled or exceeded in any given year. A 10-year 24-hour storm occurs when the total 10-year storm rainfall amount occurs in a 24-hour period.

"Top soil" means the surface layer and its underlying materials that have properties capable of producing and sustaining vegetation.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-20 Scope

This chapter establishes general and specific rules for mining permits, bonds, operations and reclamation procedures, roads, revegetation, and other matters related to mineral mining.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-30 Compliance

The permittee shall comply fully with the requirements of Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia and this regulation and shall further ensure compliance by all employees, contractors, or other persons performing mining or reclamation activities.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-40 Modifications

The division may approve modifications or amendments to any drainage, reclamation and operation plan required under Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia and provisions of these regulations. All modifications or amendments shall be valid only when approved in writing.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; repealed, Virginia Register Volume 29, Issue 19, eff. July 4, 2013.

4VAC25-31-60 Other governmental agencies and laws

Any mineral mining permit issued shall not supersede or otherwise affect or prevent the enforcement of other laws and regulations of federal, state, or local governments.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-70 Exemptions

A. These regulations shall not apply to:

Excavation or grading when conducted solely to aid onsite farming or construction. Such exemption shall not be construed to limit a landowner in a one-time construction or expansion of a farm pond for agricultural irrigation or provision of water for livestock to beneficially reuse the soil or sand, provided that such pond construction or expansion project (i) is a one-time activity on that parcel of land, (ii) is completed within one year, (iii) results in a pond that is less than three acres in total, and (iv) has all necessary permits and local approvals in place before such activity begins;
Mining of coal, unless the coal is mined incidental to the mining of minerals;
Searching, prospecting, exploring, or investigating for minerals by drilling; and
Excavation or grading when conducted by an agency or governmental unit of the Commonwealth, local government, or the federal government using government employees.

B. The surface extraction of minerals shall not constitute mineral mining unless:

The mineral is extracted for its unique or intrinsic characteristics; or
The mineral requires processing prior to its intended use.

C. When considering whether an operation is exempt, the director shall consider the length of time or duration of the activity, whether it is a one-time activity, solely in aid of onsite farming or construction, and whether all necessary permits and approvals are in place before the activity begins.

History

Statutory Authority: §§ 45.2-103 and 45.2-1202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 41, Issue 7, eff. December 18, 2024; Volume 42, Issue 6, eff. December 3, 2025.

Article 1 Permits

4VAC25-31-80 Contiguous area

Contiguous areas mined by a single operator shall be covered under one permit; however, the director may, at his discretion, combine noncontiguous areas into a single permit where such areas are close to each other and are part of the same operation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-90 Operator conference with inspector

Prior to approval of a permit application, all maps and plans shall be reviewed at the proposed mining site with the inspector.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-100 Mineral mining permits

Permits shall be renewed annually, in a manner acceptable to the director, to continue to remain in effect. Paper filings shall be considered acceptable.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-110 Permit application

Application for a mineral mining permit shall be made in a form prescribed by the director and shall be certified by the applicant or his authorized representative. Copies of the application shall be submitted to the division in a manner acceptable to the director. Paper filings shall be considered acceptable.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-120 Permit fee and bond

A. Permit fees for the initial permit application and permit renewal shall be submitted upon receipt of a billing notice from the director and before the permit is issued or renewed. Fees shall be paid in accordance with § 45.2-1205 of the Code of Virginia.

B. Permit fees for the transfer of a mine permit shall be submitted upon receipt of a billing notice from the director and before the transferred permit is issued. Fees shall be paid in accordance with § 45.2-1211 of the Code of Virginia.

C. All fees shall be in the form of cash, check, money order, or other form of payment acceptable to the director.

D. A bond is required as set forth in Part III of this regulation. Bonding shall be provided once the permit application is deemed complete.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-130 Mineral mining plans

Mineral mining plans shall be attached to the application and consist of the following:

The operation plan shall include a description of the proposed method of mining and processing; the location of top soil storage areas; overburden, refuse, and waste disposal areas; stockpiles, equipment storage, and maintenance areas; cut and fill slopes; and roadways. The operation plan shall address plans for the storage and disposal of scrap metal, scrap tires, used lubricants, coolants, and other equipment service products, batteries, process chemicals, trash, debris, and other hazardous materials. The operation plan shall also include all related design and construction data. The method of operation shall provide for the conducting of reclamation simultaneously where practicable with the mining operation. For the impoundments that meet the criteria of § 45.2-1301 A of the Code of Virginia, plans shall be provided as required under 4VAC-25-31-180 and 4VAC25-31-500.
The drainage plan shall consist of a description of the drainage system to be constructed before, during, and after mining; a map or overlay showing the natural drainage system; and all sediment and drainage control structures to be installed along with all related design and construction data.
The reclamation plan shall include a statement of the planned land use to which the disturbed land will be returned through reclamation, the proposed actions to assure suitable reclamation, and a time schedule for reclamation. The method of grading; removal of metal, lumber, and debris, including processing equipment; buildings; and other equipment relative to the mining operation and revegetation of the disturbed area shall be specified. Reclamation plans for underground mines shall include plans for closing or securing all entrances to underground workings.
Adequate maps, plans and cross sections, and construction specifications shall be submitted to demonstrate compliance with the performance standards of Part IV (4VAC25-31-330 et seq.) of this chapter and Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia. Designs, unless otherwise specified, shall be prepared by a qualified person, using accepted engineering design standards and specifications.
A copy of the Virginia Department of Transportation land use permit for roads that connect to public roads.
If mining below the water table is to take place, the following conditions apply:

a. The application shall contain an assessment of the potential for impact on the overall hydrologic balance from the proposed operations to be conducted within the permitted area for review and approval.

b. A plan for the minimization of adverse effects on water quality or quantity shall be prepared based on the assessment in subdivision 6 a of this section and included in the application.

c. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep or otherwise constructed in a manner acceptable to the director.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 35, Issue 21, eff. July 25, 2019; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-140 Marking of permit boundaries

A. The permit boundary of the mine shall be clearly marked with identifiable markings when mine related land disturbing activities are within 100 feet of the permit boundary.

B. This section is not applicable to lands disturbed prior to September 11, 2003.

C. Maintenance of permit boundary markers is not required after completion of construction, completion of final disturbances, or completion of final reclamation unless the area is being redisturbed by mining.

D. Separate boundary markings are not required if clear, readily identifiable features, such as streams, permanent roads, or permanent power lines coincide with the permit boundary.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-150 Maps

A. Maps shall be supplied as described in §§ 45.2-1205 and 45.2-1206 of the Code of Virginia and in this chapter that show the total area to be permitted and the area to be affected in the next ensuing year (with acreage calculated).

B. Preparation of maps.

All application, renewal, and completion maps shall be prepared and certified under the direction of a professional engineer, licensed land surveyor, licensed geologist, issued by a standard mapping service, or prepared in such a manner as to be acceptable to the director.
If maps are not prepared by the applicant, the certification of the maps shall read as follows: "I hereby certify that this map is correct and shows to the best of my knowledge and belief, all the information required by the mineral mining laws and regulations of the Department of Energy."
The applicant shall submit a general location map showing the location of the mine, such as a county highway map or equivalent, in the initial application.
Sensitive features within 500 feet of the permit boundary including state waters, cemeteries, oil and gas wells, underground mine workings, public utilities and utility lines, buildings, roads, schools, churches, and occupied dwellings shall be shown.
All properties, and their owners, within 1,000 feet of the permit boundary shall be identified in the initial application.
Wetlands that have been previously delineated shall be shown within the permit boundary.
Riparian buffers that have been previously delineated shall be shown within the permit boundary.

C. Map code and legend.

A color code as prescribed by the director shall be used in preparing the map.
Graphic symbols may be used to represent the different areas instead of a color-coded map.
The map shall include a legend that shows the graphic symbol or color code and the acreage for each of the different areas.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Errata 30:7 VA.R. 982 December 2, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-160 Legal right

A. A statement of the source of the legal right of the applicant to enter and conduct operations on the land proposed to be covered by the permit as noted in § 45.2-1205 of the Code of Virginia shall be submitted to the division. In addition, the applicant shall submit proof of right of entry, which shall consist of a copy of the lease or deed, or names of parties to the lease or deed, date of execution, and recording information.

B. On the permit application, the applicant shall disclose any type of mining permit, revocations, security deposited in lieu of bond that has been revoked or forfeited, and bond forfeitures in Virginia or any other state with which he or any individual, corporation, trust, partnership, association, or other legal entity with which he has or has had control or common control.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-170 Permit application notifications

A. The applicant shall notify the following parties of a new permit application via certified mail:

Property owners within 1,000 feet of the permit boundary.
The Chief Administrative Official of the local political subdivision where the prospective mining operation would take place.
All public utilities on or within 500 feet of permit boundary.

B. All notifications shall contain:

The name of the permit applicant issuing notice and the date of notification;
The permit applicant's address, phone number, and other contact information as available;
The name and address of the property owner, chief administrative official, or utility receiving the notification;
A statement as required by § 45.2-1210 of the Code of Virginia to property owners that requires land owners within 1,000 feet of the permit boundary to be notified that the operator is seeking a mining and reclamation permit from the Department of Energy. The statement shall also note that the mining permit must address department requirements for regrading, revegetation, and erosion controls of mineral mine sites;
The location of the proposed mine, the city or county in which it is located, the distance of the nearest town or other easily identified landmark, and the tax map identification number of the parcels to be permitted; and
A notice that informs property owners within 1,000 feet of the permit boundary that they have 10 days from receipt of the permit notification to specify written objections or request a hearing. This request shall be in writing and shall be sent to the division. The current address for the division shall be provided on the notification.

C. No permit will be issued until at least 15 days after receipt of the application by the division. If all persons required to receive notice have issued a statement of no objection, the permit may be issued in less than 15 days.

D. Copies of all permit notifications shall be submitted to the division at the time they are mailed to the parties identified in subsection A of this section.

E. Documentation of certified mail receipts of the notifications described in this section shall be included with the permit application.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 35, Issue 21, eff. July 25, 2019; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-180 Impoundments

The design data and construction plans and specifications for impoundments meeting the criteria set forth in Chapter 13 ( § 45.2-1300 et seq.) of Title 45.2 of the Code of Virginia shall be submitted to the director prior to initiation of construction activities. Such a plan shall be certified as prepared by, or under the supervision of, a registered professional engineer and shall include:

Design and construction specifications;
Examination and monitoring;
Emergency procedures; and
Closure and abandonment plans.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-190 Availability of permits

Mineral mining permits, a copy of the permit application, and a copy of the approved mineral mining plan shall be kept on-site while mining is underway.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-200 Exemption for restricted mining

Any operator engaging in mining and disturbing less than a total of one acre of land and removing less than a total of 500 tons of minerals, is exempt from all mining permit fees, renewal fees and bonding requirements in this chapter. The mining operator shall submit an application for a permit, a sketch of the mining site, and an operations plan, which shall be adhered to in accordance with §§ 45.2-1205 and 45.2-1206 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

Article 2 Permit Renewal and Surety Adjustments

4VAC25-31-210 Annual renewal

A. If a permitted mineral mine operator wishes to continue operations, the mineral mining permit shall be renewed each year within 10 days of the anniversary date. If the time requirements set forth herein are not met, the permit shall expire 10 days following the anniversary date.

B. A renewal fee in the amount of $16 per acre for previous acres disturbed plus estimated additional acres to be disturbed in the next 12 months shall accompany the permit renewal submitted to the director.

C. The permit renewal shall be submitted on a form prescribed by the director. The renewal shall be signed by the applicant or his legal representative. The permit renewal and maps must be received by the anniversary date and meet the requirements in 4VAC25-31-100 through 4VAC25-31-220.

D. If in a given year there are no changes to the map required in 4VAC25-31-150, the operator may submit a certification instead of the map for the year. The certification shall read as follows: "I, the undersigned, hereby certify that no changes have been made in the different areas or in other map features since the last annual permit renewal or modification."

E. If at renewal time, bond or other surety is less than the required coverage, the director will notify the operator in writing of the amount required. The operator shall submit the required bond according to the requirements in 4VAC25-31-220 through 4VAC25-31-270 before the area is disturbed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-220 Requirements for bonding of mineral mines

A. Once the permit application is deemed complete, the applicant shall submit a bond or bonds on a form meeting the requirements in 4VAC25-31-220 through 4VAC25-31-270, made payable to the department and conditioned upon the satisfactory performance of all the requirements of this chapter, the approved permit, and Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia, including completion of the reclamation plan so that the land will be capable of supporting the approved post-mining land use.

B. The bond or bonds shall cover the entire area presently disturbed by mining plus the estimated number of acres to be disturbed in the upcoming year.

C. As additional areas outside the bonded acreage are to be disturbed to facilitate the mining operation, the permittee shall file a bond or bonds to cover the acreage with the division.

D. Bond shall be posted and accepted by the division prior to disturbing an area for mining-related activity.

E. Permitted operators shall certify annually with the permit renewal the type, current insurer or bank, and the amount of all reclamation bonds.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-230 Period of liability

A. The bond liability shall be for the duration of the mineral mining operation and for the period following reclamation, which is necessary to demonstrate the success of the final reclamation.

B. In lieu of the requirements of 4VAC25-31-240 through 4VAC25-31-270, a permittee accruing five years of satisfactory operation under Chapter 12 ( § 45.2-1200 et seq.) of Title 45.1 of the Code of Virginia shall be required to enter the Minerals Reclamation Fund as established in Article 4 ( § 45.2-1234 et seq.) of Chapter 12 of Title 45.2 of the Code of Virginia and 4VAC25-31-320. All performance bonds will be released upon acceptance in the Minerals Reclamation Fund and payment of required fees.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-240 Bond amount

A. Bond shall be set in accordance with § 45.2-1208 of the Code of Virginia.

B. The minimum bond for a mineral mining permit shall be $3,000, except for restricted permits and Minerals Reclamation Fund participants.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-250 General terms and conditions of bond

A. The bond shall be of the form and amount as specified by the division.

B. The performance bond shall be payable to the department.

C. The performance bond shall be conditioned upon satisfactory performance of all the requirements of this chapter, the approved permit, and Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia, including completion of the reclamation plan so that the land will be capable of supporting the approved post-mining land use.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-260 Form of performance bond

The bond shall be submitted in the form of cash, check, certificate of deposit, insurance surety bond, or irrevocable letter of credit.

A. Certificates of deposit.

Certificates of deposit must be made payable to the Treasurer of Virginia, Division of Mineral Mining.
The amount of the certificate of deposit must include the maximum early withdrawal penalty rounded up to the next higher hundred dollars.
The original certificate of deposit shall be submitted to the division and held by the division throughout the bond liability period.
Certificates of deposit must be automatically renewable.
The certificate of deposit must be from a bank located in the Commonwealth of Virginia or approved as an allowable bank depository by the Virginia Department of Treasury.
Interest accrued on certificates of deposit may be deposited to the permittee's individual account and is free of encumbrance by bond liability.
In the event of forfeiture of a certificate of deposit, the face value of the deposit plus any accrued interest that has been rolled back into the certificate principal will be subject to bond liability and expenditure in the performance of the reclamation obligation.

B. Surety bonds.

All bonds shall be in a form acceptable to the director. Bonds shall be executed by the permittee, and a corporate surety and agent licensed to do business in the Commonwealth.
Surety bonds shall not be canceled during their term except that surety bond coverage for lands not disturbed may be canceled with the prior consent of the division. The division shall advise the surety, within 30 days after receipt of a notice to cancel bond, whether the bond may be canceled on an undisturbed area.

C. Irrevocable letter of credit.

The director may accept a letter of credit on certain designated funds issued by a financial institution authorized to do business in the Commonwealth. The letter of credit shall be irrevocable and unconditional, shall be payable to the division on demand, and shall afford to the division protection equivalent to a corporate surety bond. The issuer of the letter of credit shall give prompt notice to the permittee and the division of any notice received or action filed alleging the insolvency or bankruptcy of the issuer, or alleging any violations of regulatory requirements that could result in the suspension or revocation of the issuer's charter or license to do business. In the event the issuer becomes unable to fulfill its obligations under the letter of credit for any reason, the issuer shall immediately notify the permittee and the division. Upon the incapacity of an issuer by reason of bankruptcy, insolvency, or suspension or revocation of its charter or license, the permittee shall be deemed to be without proper performance bond coverage and shall promptly notify the division, and the division shall then issue a notice to the permittee specifying a reasonable period, which shall not exceed 90 days, to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the permittee shall cease mineral extraction and mineral processing operations and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mineral extraction and mineral processing operations shall not resume until the division has determined that an acceptable bond has been posted. If an acceptable bond has not been posted by the end of the period allowed, the division may suspend the permit until acceptable bond is posted.
The letter of credit shall be provided on the form and in the format established by the director.
Nothing contained in this section shall relieve the permittee of responsibility under the permit or the issuer of liability on the letter of credit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-270 Replacement of bonds

A. The division may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage.

B. The division shall not release existing performance bonds until the permittee has submitted and the division has approved acceptable replacement performance bonds. Replacement of a performance bond pursuant to this section shall not constitute a release of bond.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-280 Release of bond

The division may release all or part of the bond for the entire permit area or a portion of the permit area if the division is satisfied that all reclamation covered by the bond or portion thereof has been accomplished in accordance with this chapter, the approved permit, and Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia, including completion of the reclamation plan so that the land will be capable of supporting the approved post-mining land use.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-290 Intensive agricultural use

If the post-mining use is to be intensive agriculture, then planting and harvesting of a normal crop yield is required to meet the regulatory requirements for full or partial bond release. A normal yield for a particular crop is equal to the five-year average for the county. If crop yield data is unavailable, then other methods to determine suitability for bond release may be utilized as acceptable to the director. The use of grass, water bars, or diversion strips and natural vegetative drainage control may be required in the initial planting year as specified by the director.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-300 Inspections for adequacy of vegetation and bond release

A. Final inspection for bond release shall be made no sooner than two growing seasons after the last seeding.

B. Final inspection for bond release shall require:

No noncritical areas larger than one-half acre shall be allowed to exist with less than 75% ground cover. Vegetation shall exhibit growth characteristics for long-term survival.
Seeded portions of critical areas shall have adequate vegetative cover so the area is completely stabilized.
Bond release inspections for industrial, residential, or commercial post-mining use shall ensure that:

a. All areas not redisturbed by implementation of the post-mining use are reclaimed and satisfactorily stabilized.

b. All areas associated with construction of buildings or residential dwellings for post-mining use are covered by appropriate plans approved by the local governing body, i.e., erosion and sediment control plans, building permits, and development plans.

c. All areas not covered by such approved local government plans shall be reclaimed and stabilized in accordance with subdivisions 1 and 2 of this subsection prior to release of bond.

Bond release inspections for other post-mining uses will ensure that all areas not directly used by the post-mining use are stabilized in accordance with subdivisions 1 and 2 of this subsection and that the post-mining use is implemented.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-310 Bond forfeiture

A. If the permittee refuses or is unable to comply with an order by the director under § 45.2-1213 of the Code of Virginia, fails to comply with the terms of the permit, or defaults on the conditions under which the bond was accepted, the division shall take the following action to revoke the permit and forfeit the bond or bonds for the permit area or a portion of the permit area:

Send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond informing them of the decision to revoke the permit and forfeit all or part of the bond, and the reasons for this action.
Advise the permittee and surety of the conditions under which forfeiture may be avoided. Such conditions may include:

a. Agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule acceptable to the division, which meets the conditions of the permit and the reclamation plan, and demonstrates that such party has the ability to satisfy the conditions; or

b. The division may allow a surety to complete the reclamation plan if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the division may approve partial release, no surety liability shall be released until successful completion of all reclamation under the terms of the permit.

B. In the event forfeiture of the bond is required, the division shall:

Proceed to collect the forfeited amount as provided by Virginia law for the collection of defaulted bonds or other debts if actions to avoid forfeiture have not been taken, if any rights of appeal have not been exercised within a time established by the division, or if such appeal is unsuccessful.
Use funds collected from bond forfeiture to complete the reclamation plan on the permit area.

C. Upon default the division may cause the forfeiture of any and all bonds deposited to complete reclamation for which the bonds were posted. Bond liability shall extend to the entire permit area under conditions of forfeiture.

D. Reclamation costs in excess of the forfeited bond amount will constitute a debt of the operator to the Commonwealth of Virginia and shall be collected in accordance with § 45.2-1214 of the Code of Virginia.

E. In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the division to the party from whom they were collected.

F. Appeal of bond forfeiture decisions may be made by the operator by providing notice of appeal to the director in accordance with Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act. If the operator files a notice of appeal, then the director's orders revoking the permit and declaring forfeiture shall be held in abeyance until the appeal is determined.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 28, Issue 21, eff. July 18, 2012; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-320 Minerals Reclamation Fund (MRF)

A. Each operator who has had five years of satisfactory operation in the Commonwealth under Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia shall become a member of the fund by making an initial payment to the fund of $50 for each acre currently disturbed and each acre estimated to be affected by mining operations during the next year. Thereafter the member shall make an annual payment of $12.50 for each acre currently disturbed plus each acre estimated to be affected during the next ensuing year. No annual Minerals Reclamation Fund deposits will be collected from members where the permit Minerals Reclamation Fund deposits divided by the number of bonded acres in the next ensuing year is equal to or greater than $500.

B. Entry into the Minerals Reclamation Fund shall be mandatory for all eligible permittees.

C. Operator deposits into the Minerals Reclamation Fund shall be released or retained under the following conditions:

When the operation and reclamation are complete and the reclaimed area is suitable for bond release, Minerals Reclamation Fund deposits for the reclaimed area shall be returned to the operator.
When the mining permit is transferred to another permittee and division approval is granted, Minerals Reclamation Fund deposits for the permit may be returned to the transferring permittee.
When a mining permit is completely relinquished to another operator, other than in a permit transfer, all of the Minerals Reclamation Fund deposits for the permit shall be returned to the relinquishing operator upon division approval of the relinquishment.
After bond release applications are approved by the division, Minerals Reclamation Fund deposits for the permit shall be held or retained according to the following formulas:

a. If the permit Minerals Reclamation Fund balance divided by the number of acres remaining under bond is equal to or greater than $500, Minerals Reclamation Fund deposits for the permit will be released so that the remaining deposits equal $500 per acre for the acres remaining under bond.

Example: 50 acres permitted; 10 acres bonded; 2 acres requested for release; Minerals Reclamation Fund deposits = $4,000;

Minerals Reclamation Fund balance ÷ remaining bonded acres = $500;

$4,000 ÷ (10-2) acres = $500.

b. If the permit Minerals Reclamation Fund balance divided by the number of acres remaining under bond is less than $500, the bond release amount will be determined by dividing the permit Minerals Reclamation Fund deposit by the number of bonded acres including the acres to be released and then multiplying by the number of acres to be released.

Example: 50 acres permitted; 10 acres bonded; 2 acres requested for release; Minerals Reclamation Fund deposits = $3,000;

Minerals Reclamation Fund balance ÷ total bonded acres = Release amount $ per acre;

$3,000 ÷ 10 acres = $300 per acre;

Release amount = $300 per acre x 2 acres = $600.

D. Moneys available in the Minerals Reclamation Fund may be less than the total of all operator deposits due to expenditures for bond forfeiture as required by § 45.2-1238 of the Code of Virginia. Minerals Reclamation Fund refunds are subject to availability of moneys in the Minerals Reclamation Fund and shall be suspended if the fund decreases below $250,000. Payments to the fund are then proportionately assessed until the fund returns to a minimum, $250,000 or bond or other securities are posted as required by the director in accordance with § 45.2-1240 of the Code of Virginia.

E. Minerals Reclamation Fund deposits will be transferred to the successor operator when a permit transfer occurs due to a change in organization status or restructuring that does not involve a complete change of ownership.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-330 Protected structures and sensitive features

Mining activities shall be conducted in a manner that protects state waters, cemeteries, oil and gas wells, underground mine workings, public utilities, and utility lines, buildings, roads, schools, churches, and occupied dwellings.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-340 Signs

A permanent sign shall be installed on the mining site adjacent to the principal access road and shall be visible and legible to access road traffic. The name of the permittee and the permit number shall be on the marker.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-350 Roads

A. Internal service roads and principal access roads shall be planned to minimize the impact of traffic, dust, and vehicle noise on developed areas outside the mining site.

B. Construction standards.

The integrity of drainageways shall be maintained. If natural drainageways are altered or relocated during construction, adjoining landowners shall be protected from damage resulting from construction.
Drainage structures shall be required in order to cross a stream channel. Such structures shall be constructed with consideration for surrounding drainage acreage and culvert size, and slope so as not to restrict the flow of the stream, i.e., the bridge or culverts shall be of adequate size to permit stream flow throughout the seasonal periods during the life of the mine permit. Temporary stream crossings for pioneer roads shall be for infrequent use, stable, only used in low flow times, and shall not contribute to sedimentation off-site.
Roads shall be located away from streams wherever possible.
Road surfaces and ditches shall be stabilized. Side slopes shall be constructed in a stable manner to minimize erosion and sedimentation.
Ditches shall be constructed where necessary, with consideration for surrounding drainage acreage and slope and shall have sufficient capacity to control surface run-off.
Culverts shall be installed in accordance with the following standards:

a. Relief culverts shall be installed at intervals to prevent overloading of ditches.

b. Culverts shall be placed on a minimum grade to ensure free drainage and be covered by compacted fill as specified by the manufacturer.

c. The inlet end shall be protected by a headwall of a suitable material such as a concrete retaining wall, sand bags, rock riprap, or other approved material.

d. The outlet end shall discharge onto an apron of rock riprap or other approved material. Where practical, the outlet end shall be placed below the toe of the fill. At no time should run-off be allowed to flow over an unprotected fill slope.

e. All culverts shall have the capacity to carry storm run-off and shall be properly maintained.

Sediment control shall be provided for roads to minimize sediment that leaves the disturbed area.
Dust from roads shall be adequately controlled.
Roads shall be surfaced and maintained to prevent the depositing of mud and debris on public roads.
Roads shall not be surfaced with any acid producing material or any material that will introduce a high concentration of suspended solids into surface drainage.

C. Maintenance is required to ensure the proper functioning of the road and drainage system. Maintenance of the road system shall consist of inspecting, repairing and cleaning of roadways, ditches, and culverts as necessary. Particular attention shall be given to removing debris from culvert inlets.

D. When a road is abandoned, steps shall be taken to minimize erosion and establish the post-mining use in accordance with the reclamation plan.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-360 Operation and reclamation

A. Mining operations shall be conducted to minimize adverse effects on the environment and facilitate integration of reclamation with mining operations according to the special requirements of individual mineral types and the approved operation, drainage, and reclamation plans. Mining shall be conducted to minimize the acreage that is disturbed, and reclamation shall be conducted simultaneously with mining to the extent feasible. No mining operation shall use cyanide or a cyanide compound in any mineral mining or processing operation.

B. Open pit mining of unconsolidated material shall be performed in such a way that extraction and reclamation are conducted simultaneously.

C. Mining activities shall be conducted so that the impact on water quality and quantity are minimized. Mining below the water table shall be done in accordance with the mining plan under 4VAC25-31-130.

D. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep, or otherwise constructed in a manner acceptable to the director.

E. Excavation shall be done in such a manner as to keep storm drainage flowing toward sediment control structures. Diversions shall be used to minimize storm runoff over disturbed areas.

F. The mining operation shall be planned to enhance the appearance to the public during mining and to achieve simultaneous and final reclamation.

G. At the completion of mining, all entrances to underground mines shall be closed or secured and the surface area reclaimed in accordance with the mineral mining plan.

H. Reclamation shall be completed to allow the post-mining land use to be implemented. After reclamation, the post mining land use shall be achievable and compatible with surrounding land use. All necessary permits and approvals for the post-mining land use shall be obtained prior to implementation.

History

Statutory Authority: §§ 45.2-103 and 45.2-1202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 35, Issue 21, eff. July 25, 2019; Volume 41, Issue 7, eff. December 18, 2024.

4VAC25-31-370 Slopes

A. The grade of completed slopes shall be as described in the mineral mining plan. Long uninterrupted slopes shall be provided with drainage control structures, such as terraces, berms, and waterways, to minimize erosion due to surface run-off.

B. Slopes shall be stabilized, protected with a permanent vegetative or riprap covering, and shall not be eroded.

C. Constructed cut or fill slopes shall not extend closer than 25 feet to any property boundary without the written permission of the adjoining property owner and the approval of the director.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-380 Treatment of acid material

All acid material encountered during the mining operation shall be properly controlled to prevent adverse impacts on surface or groundwater quality. Upon completion of mining, acid materials shall be covered with a material capable of shielding them and supporting plant cover in accordance with the approved reclamation plan. Unless otherwise specified by the director, the minimum cover shall be four feet in depth.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-390 Handling of spoil piles and stockpiles of minerals

A. All spoil piles will be graded in accordance with the mineral mining plan in such a manner as to minimize sediment run-off.

B. Stockpiles of minerals shall be removed to ground level and the area shall be scarified and planted in accordance with the approved mineral mining plan. The director shall allow a reasonable time for sale of stockpiles.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-400 Overburden, refuse, spoil and waste fills

A. Overburden, refuse, spoil and waste disposal fills with the capability to impound water, sediment or slurried tailings, slimes or refuse in a liquid, or semi-liquid state, shall be designed and constructed in accordance with 4VAC25-31-500.

B. Overburden, refuse, spoil and waste disposal fills that do not have the capability to impound water or other liquid or semi-liquid materials, shall meet the requirements of this section.

C. Fills that are not impoundments shall be designed to meet the requirements of this section and use current, prudent engineering practices.

D. The plans and specifications for fills shall consist of an engineering design report that includes engineering calculations, drawings, and specifications. These shall take into account the size, location, and hazard potential of the fill and will include the following as necessary:

A site plan showing the location of the structure, associated access, surface and subsurface drainage systems, sediment control structures, and the proposed fill configuration.
Cross sections and profiles showing the original ground, proposed fill profile, location of terraces and constructed slopes.
Design details for all surface and subsurface drainage control structures.
A narrative description of site preparation, foundation evaluation and preparation, materials placement, material handling, and sequencing of construction.
A closure and final reclamation plan for the fill and associated structures.

E. Fills shall be constructed, operated, and maintained such that they perform in accordance with their design and purpose throughout the life of the fill.

F. Fills shall be constructed with slopes no steeper than two horizontal to one vertical for predominantly clay soils and no steeper than three horizontal to one vertical for predominantly sandy soils or must exhibit a static safety factor of 1.5 for other steeper slopes.

G. Fills shall be constructed, maintained and inspected to ensure protection of adjacent properties, preservation of public safety, and to provide prompt notice of any potentially hazardous or emergency situation.

H. Fills shall be closed and abandoned in a manner that ensures continued stability and compatibility with the post-mining land use.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-405 Disposal of waste

On-site generated mine waste shall not be disposed of within the permitted mine area without prior approval. On-site generated mine waste is approved for use as fill on the mining site provided they are capped with an adequate cover and seeding is established per the approved reclamation plan. Off-site generated inert waste shall not be brought onto the mine permitted area or disposed of on the mine permitted area without prior approval.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. December 19, 2013; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

4VAC25-31-410 Storage of top soil

A. Top soil required for reclamation shall be stored with a maximum slope of 2:1 and in such a manner as to remain available for reclamation. The operator shall retain a minimum quantity sufficient to cover all disturbed areas to be reclaimed with six inches of top soil or as specified in an approved operations plan. Top soil will be needed for future reclamation and shall not be removed from the permitted area unless authorized by the division.

B. The stockpiled top soil shall be seeded with quick growing grasses or legumes for stabilization until used in final reclamation.

C. The provisions of this section shall not apply to sand and gravel operations in the Coastal Plain physiographic province.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

4VAC25-31-420 Screening

A. Screening shall be provided for sound absorption and to improve the appearance of the mining site from public roads, public buildings, recreation areas, and occupied dwellings.

B. If screening is to be undisturbed forest, a distance of 100 feet must be left undisturbed within the permit boundary. Less than 100 feet may be approved if the natural vegetation provides the needed screening benefits between the mining operation and the adjacent property. Planted earth berms, tree plantings, natural topography, or appropriately designed fences or walls may be used if approved in the mineral mining plan.

C. On permanent berms for screening, the spoils shall be initially placed on the proposed berm area, and top soil shall be spread over the berm, not less than six inches in thickness, and if possible, 12 inches in thickness. The remaining top soil shall be placed in a designated area for future spreading on other areas that need top dressing. The screening berm shall be seeded or planted in accordance with the approved reclamation plan.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 35, Issue 21, eff. July 25, 2019.

4VAC25-31-430 Completion of active mining

A. Except as provided in subsection B of this section and with the director's approval, a mining operation where no mineral has been removed or overburden removed or regraded, or where no substantial mine-related activity has been conducted for a period of 12 consecutive months shall be declared complete, and total reclamation shall begin.

B. At the option of the operator and with the director's approval, an operation may remain under permit for an indefinite period during which no mineral or overburden is removed if the following conditions are met to the director's satisfaction:

All disturbed areas are reclaimed or adequately stabilized, or all erosion and sediment control systems are maintained in accordance with mining plans and proper engineering practices.
All drainage structures are constructed and maintained in accordance with mining plans and proper engineering practices.
All vegetation is maintained, including reseeding if necessary.
All improvements on site, including machinery and equipment, are maintained in a state of good repair and condition.

If the conditions listed in this subsection are not met, the permit may be revoked by the director in accordance with § 45.2-1213 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-440 Drainage and sediment control

All mining operations shall have adequate drainage, erosion, and sediment control measures installed and maintained in accordance with the approved drainage plan or as acceptable to the division. Drainage from disturbed areas shall be directed into a sediment control structure before it is discharged from the permitted area. If adequate drainage, erosion, and sediment control measures cannot be provided, the permit for the affected portion or the entire mine may be denied.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

4VAC25-31-450 Sediment basins

Sediment basins shall be located as close to the disturbed area as possible. Sediment basins shall not be located in perennial streams. Sediment control measures shall be installed prior to land disturbing activities within the drainage area controlled by the sediment basin. Each primary sediment basin shall provide at least 0.125 acre feet of storage capacity for each acre of disturbed land draining to it. Storage basins shall be cleaned as necessary to ensure proper functioning before they reach 60% capacity. Alternate sediment control measures that are as effective as sediment basins may be approved. The measures may include reduced basin storage capacity for small short-term disturbances, sediment channels, check dams, or mining methods that incorporate sediment control.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 35, Issue 21, eff. July 25, 2019.

4VAC25-31-460 Intermittent or perennial streams

All intermittent or perennial streams shall be protected from spoil by natural or constructed barriers. Stream channel diversions shall safely pass the peak run-off from a 10-year, 24-hour storm. Stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream of the diversion.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-470 Natural drainageways

Drainageways shall be identified on the map submitted with the application. If it is necessary for the operation to cross or fill such a drainageway, properly engineered drainage structures shall be provided to allow free-flowing drainage and minimize erosion. Where necessary, water-retarding structures shall be placed in drainageways.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-480 Diversions

Surface water diversions shall be installed as necessary where run-off has the potential for damaging property, causing erosion, contributing to water pollution, flooding or interfering with the establishment of vegetation. Diversions that will be removed in 18 months or less shall convey the peak run-off of a 1-year, 24-hour storm. Diversions that function more than 18 months shall be able to convey the peak run-off of a 10-year, 24-hour storm.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-490 Water quality

The pH of all water discharge resulting from the mining of minerals shall be between pH 6.0 and pH 9.0 unless otherwise approved by the director. In addition, discharges shall be in compliance with applicable standards established by the Department of Environmental Quality (9VAC25-260-20).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-500 Water impoundments

A. Structures that impound water or sediment to a height of five feet or more above the lowest natural ground area within the impoundment and have a storage volume of 50 acre-feet or more, or impound water or sediment to a height of 20 feet or more regardless of storage volume, shall meet the following criteria (noted in Chapter 13 ( § 45.2-1300 et seq.) of Title 45.2 of the Code of Virginia):

Impoundments meeting or exceeding the size criteria set forth in this section shall be designed utilizing a spillway flood and hazard potential classification as specified in the following table:

| Class of Impoundment* | Spillway Design Flood (SDF)** | Minimum Threshold for Incremental Damage Analysis *** | | --- | --- | --- | | High Hazard | PMF | 0.50 PMF | | Significant Hazard | 0.50 PMF | 100-year storm | | Low Hazard | 100-year storm | 50-year storm | | *Size and hazard potential classifications shall be proposed and justified by the operator and shall be subject to approval by the director. Present and projected development in the inundation zone downstream from the structure shall be used in determining the classification. **The complete definitions of hazard potential are those contained in 4VAC50-20-40. ***The establishment of rigid design flood criteria or standards is not intended. Safety must be evaluated in the light of peculiarities and local conditions for each impounding structure and in recognition of the many factors involved, some of which may not be precisely known. Such can only be done by competent, experienced engineering judgment, which the values in the table are intended to add to, not replace. | | |

Reductions in the SDF may be evaluated by use of incremental damage analysis described in 4VAC50-20-52. Note that future development downstream may increase the required SDF.

Impounding structures shall be constructed, operated, and maintained such that they perform in accordance with their design and purpose throughout their life.

a. Impoundments shall be designed and constructed by or under the direction of a qualified professional engineer licensed in Virginia and experienced in the design and construction of impoundments.

b. The designs shall meet the requirements of this section and use current prudent engineering practices.

c. The plans and specifications for an impoundment shall consist of a detailed engineering design report that includes engineering drawings and specifications, with the following as a minimum:

(1) The name of the mine; the name of the owner; classification of the impounding structure as set forth in this regulation; designated access to the impoundment and the location with respect to highways, roads, streams and existing impounding structures and impoundments that would affect or be affected by the proposed impounding structure.

(2) Cross sections, profiles, logs of test borings, laboratory and in situ test data, drawings of principal and emergency spillways and other additional drawings in sufficient detail to indicate clearly the extent and complexity of the work to be performed.

(3) The technical provisions as may be required to describe the methods of the construction and construction quality control for the project.

(4) Special provisions as may be required to describe technical provisions needed to ensure that the impounding structure is constructed according to the approved plans and specifications.

d. Components of the impounding structure, the impoundment, the outlet works, drain system and appurtenances shall be durable in keeping with the design and planned life of the impounding structure.

e. All new impounding structures regardless of their hazard potential classification shall include a device to permit draining of the impoundment within a reasonable period of time, and at a minimum shall be able to lower the pool level six vertical inches per day, as determined by the owner's professional engineer, subject to approval by the director.

f. Impoundments meeting the size requirements and hazard potential of high, significant, or low shall have a minimum static safety factor of 1.5 for a normal pool with steady seepage saturation conditions and a seismic safety factor of 1.2.

g. Impoundments shall be inspected and maintained to ensure that all structures function to design specifications.

h. Impoundments shall be constructed, maintained and inspected to ensure protection of adjacent properties and preservation of public safety and shall meet proper design and engineering standards under Chapter 13 ( § 45.2-1300 et seq.) of Title 45.2 of the Code of Virginia. Impoundments shall be inspected at least daily by a qualified person, designated by the licensed operator, who can provide prompt notice of any potentially hazardous or emergency situation as required under § 45.2-1302 of the Code of Virginia. Records of the inspections shall be kept and certified by the operator or his agent.

i. The operator will prepare an emergency action plan (EAP) that includes the following information:

(1) A notification chart of persons or organizations to be notified, the person or persons responsible for notification, and the priority in which notifications are issued. Notifications shall include at a minimum the division, the local government authority responsible for emergency response, and the Virginia Department of Emergency Management.

(2) A discussion of the procedures used for timely and reliable detection, evacuation, and classification of emergency situations considered to be relevant to the structure and its setting.

(3) Designation of responsibilities for EAP related tasks. Also, the EAP shall designate the responsible party for making a decision that an emergency situation no longer exists at the impounding structure. Finally, the EAP shall include the responsible party and the procedures for notifying to the extent possible any known local occupants, owners, or lessees of downstream properties potentially impacted by a failure of the impounding structure.

(4) A section describing actions to be taken in preparation for impoundment emergencies, both before and during the development of emergency conditions.

(5) Dam break inundation maps. Each sheet of such maps for high and significant potential hazard classification structures shall be prepared and sealed by a professional engineer. Where possible, inundation mapping in the EAP should be provided on sheets no larger than 11 inches by 17 inches to facilitate copying for emergency response.

(6) Appendices containing information that supports and supplements the material used in the development of the EAP, including plans for training, exercising, and updating the EAP.

(7) A section that identifies all parties with assigned responsibilities in the EAP and signed certification by all of those parties that a copy of the EAP has been received.

(8) Times periods for review or revision acceptable to the director.

Impoundments shall be closed and abandoned in a manner that ensures continued stability and compatibility with the post-mining land use.
The following are acceptable as design procedures and references:

a. The design procedures, manuals and criteria used by the United States Army Corps of Engineers;

b. The design procedures, manuals and criteria used by the United States Department of Agriculture, Natural Resources Conservation Service;

c. The design procedures, manuals and criteria used by the United States Department of Interior, Bureau of Reclamation;

d. The design procedures, manuals and criteria used by the United States Department of Commerce, National Weather Service;

e. The design procedures, manuals and criteria used by the United States Federal Energy Regulatory Commission;

f. Federal Guidelines for Dam Safety: Emergency Action Planning for Dam Owners, United States Department of Homeland Security, Federal Emergency Management Agency, October 1998, Reprinted January 2004; FEMA 64 or as revised;

g. Federal Guidelines for Dam Safety: Selecting and Accommodating Inflow Design Floods for Dams, United States Department of Homeland Security, Federal Emergency Management Agency, October 1998, Reprinted April 2004; FEMA 94 or as revised; or

h. Other design procedures, manuals and criteria that are accepted as current, sound engineering practices, as approved by the director prior to the design of the impounding structure.

B. Impoundments that do not meet or exceed the size criteria of subsection A of this section shall meet the following criteria:

Be designed and constructed using current, prudent engineering practice to safely perform the intended function.
Be constructed with slopes no steeper than two-horizontal-to-one-vertical in predominantly clay soils or three-horizontal-to-one-vertical in predominantly sandy soils.
Safely pass the runoff from a 50-year storm event for temporary (life of mine) structures and a 100-year storm event for permanent (to remain after mining is completed) structures.
Be closed and abandoned to ensure continued stability and compatibility with the post-mining use.
Be inspected and maintained to ensure proper functioning.
Provide adequate protection for adjacent property owners and ensure public safety.

C. Impoundments with impounding capability created solely by excavation shall comply with the following criteria:

Be designed and constructed using prudent engineering practice to safely perform the intended function.
Be constructed with slopes no steeper than two-horizontal-to-one-vertical in predominantly clay soils or three-horizontal-to-one-vertical in predominantly sandy soils.
Be designed and constructed with outlet facilities capable of:

a. Protecting public safety;

b. Maintaining water levels to meet the intended use; and

c. Being compatible with regional hydrologic practices.

Be closed and abandoned to ensure continued stability and compatibility with the post-mining use.
Be inspected and maintained to ensure proper functioning.
Provide adequate protection for adjacent property owners and ensure public safety.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-31-505 Reporting impoundment failures

If upon examination an operator determines that any water impounding structure in the permitted area has failed partially or completely, the incident must be reported to the division immediately.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-510 Alternative methods of stabilization

Riprap shall be used for the control of erosion on those areas where it is impractical to establish vegetation or other means of erosion control or in any areas where rock riprap is an appropriate means of reclamation. Placing of rock riprap shall be in accordance with drainage standards and the approved mineral mining plan. Other methods of stabilization may include gabions, concrete, shotcrete, geotextiles, and other means acceptable to the director.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-520 Revegetation

Disturbed land shall be stabilized as quickly as possible after it has been disturbed with a permanent protective vegetative cover. The Mineral Mine Operator's Manual provides guidance in the revegetation of surface mined areas. Exposed areas subject to erosion on an active mining site shall be protected by a vegetative cover or by other approved methods. Simultaneous revegetation shall be incorporated into the mineral mining plan. Reclamation shall be completed on areas where mining has ceased.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-530 Process in revegetation

A. Slopes shall be graded in keeping with good conservation practices acceptable to the division. Slopes shall be provided with proper structures such as terraces, berms, and waterways, to accommodate surface water where necessary and to minimize erosion due to surface run-off. Slopes shall be stabilized, protected with a permanent vegetative or riprap covering and not be in an eroded state at the time reclamation is complete.

B. Crusted and hard soil surfaces shall be scarified prior to revegetation. Steep graded slopes shall be tracked (running a cleated crawler tractor or similar equipment up and down the slope).

C. Application of lime and fertilizer shall be performed based on soil tests and the revegetation requirements in the approved reclamation plan.

D. Vegetation shall be planted or seeded and mulched according to the mixtures and practices included in the approved reclamation plan.

E. The seed used must meet the purity and germination requirements of the Virginia Department of Agriculture and Consumer Services. The division may, at its discretion, take samples for laboratory testing. Noncritical vegetated areas shall achieve adequate cover so that no areas larger than one-half acre shall exist with less than 75% cover after two growing seasons. Seeded portions of critical areas shall have adequate vegetative cover so the area is completely stabilized.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-540 Trees and shrubs

Trees and shrubs shall be planted according to the specific post-mining land use, regional adaptability, and planting requirements included in the approved reclamation plan. For forest and wildlife post-mining land uses, at least 400 healthy plants per acre shall be established after two growing seasons.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 30, Issue 6, eff. December 19, 2013.

4VAC25-31-550 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; repealed, Virginia Register Volume 29, Issue 19, eff. July 4, 2013.

4VAC25-31-560 Informal review

Orders of the director may be reviewed through informal processes in accordance with § 2.2-4019 of the Code of Virginia.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003.

4VAC25-31-570 Formal review

Orders of the director, which are final agency actions for which no further informal resolution is available, shall be appropriately identified and may be appealed in accordance with § 45.2-1226 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 19, Issue 24, eff. September 11, 2003; amended, Virginia Register Volume 28, Issue 21, eff. July 18, 2012; Volume 38, Issue 13, eff. March 31, 2022.

Chapter 35 Certification Requirements for Mineral Miners

Part I General and Specific Requirements

4VAC25-35-5 Definitions

The following words and items when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Commencing work" means after employment but before beginning job duties.

"Department" means the Department of Energy.

"Division" means the Division of Mineral Mining of the Department of Energy.

"MSHA" means the federal Mine Safety and Health Administration.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 30, Issue 6, eff. January 3, 2014; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-35-10 Initial certification requirements

A. Applicants shall submit:

An application for certification examination in a form acceptable to the division.
Verification of all degrees required for certification and a valid first aid certificate as noted in Part II, Minimum Certification Requirements (4VAC25-35-50 et seq.). When not otherwise specified, first aid certifications shall be issued by an organization that uses nationally recognized standards and is approved by the division, e.g., American Red Cross and National Safety Council.
A $10 fee for each examination application received at least five working days prior to an examination. Cash will be accepted if paying in person at a department office.
Verification of work experience in a form acceptable to the division and documentation of equivalent work experience for approval by the division, if required for the certification. Work experience shall be verified by a company official who is knowledgeable of the experience of the applicant.

B. Applicants shall fulfill the requirements of this section and accumulate the required years of experience within five years of taking the examination or start the process over including payment of fee.

C. Applicants for the general mineral miner certification shall submit a $10 processing fee with their application.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-20 Examination requirements

A. All applicants for certification shall take an examination except candidates for the general mineral miner certification and electrical certification applicants who hold a valid journeyman or master electrical license issued by the Department of Professional and Occupational Regulation. Applicants for the foreman certification shall score at least 85% and applicants for other certifications shall score at least 80% on each section of the examination. Examinations will be given in a manner specified by the division, including, but not limited to, online or written examinations.

B. If all or part of an examination is failed, the applicant must pay the examination fee and retake the failed section or sections within 90 days to continue the certification process. If a section of the examination is failed a second time, the applicant must pay the fee and retake the entire examination. If the examination is failed on the third try, the applicant must pay the fee and wait the longer of 90 days from the re-examination date or one year from the initial examination date before retaking the entire exam. After the third attempt, the application cycle starts over.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-30 Reciprocity requirements

Reciprocity shall be available for certified persons in other states as provided for in § 45.2-1118 of the Code of Virginia. Applicants for reciprocity must submit proof of current certification, examination grades, and documentation of equivalent work experience for review and approval by the department.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-35-40 Renewal requirements

A. The division will send renewal notices to the last known address of the certificate holder at least 180 days prior to the expiration of the certificate. Certified persons shall apply for renewal of certificates by submitting an application for renewal and verification of work experience in a form acceptable to the division no more than 180 days prior to the expiration of their certificate. The application shall be submitted in time to be received at least five working days prior to the date of the examination or refresher class.

B. Certified persons who have worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years shall select one of two options to renew certificates. Certified persons shall either (i) take an examination or (ii) complete a refresher class on any changes in regulations and law since the initial certification or the certificate was last renewed.

C. Certified persons shall take the examination described in 4VAC25-35-20 if certificate has expired, they have not worked in the classification for which they are certified for a cumulative minimum of 24 months in the last five years, or the division has issued the individual violations that have not been corrected.

D. Certified persons who possess a valid mine inspector certification are exempt from all renewal requirements.

E. Applicants for renewal of certifications shall hold a valid first aid certificate to renew their certification.

F. Applicants shall submit a $10 fee for the examination or the refresher class. The fee shall be received at least five working days prior to the examination or class. Cash will be accepted if paying in person at a department office.

History

Statutory Authority: § 45.2-1114 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014; Volume 42, Issue 6, eff. December 3, 2025.

Part II Minimum Certification Requirements

4VAC25-35-50 Underground foreman

A. Applicants for certification as an underground foreman shall possess five years mining experience at an underground mineral mine or equivalent work experience approved by the division.

B. Applicants may be given three years credit for a surface foreman certificate or bachelor's degree in mining engineering, mining technology, civil engineering or geology, or two years credit for an associate's degree in mining technology or civil technology.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-60 Surface foreman (this certification is for a person whose job duties include overseeing blasting activities)

A. Applicants for certification as a surface foreman shall possess five years mining experience, at least one year at a surface mineral mine, or equivalent work experience approved by the division.

B. Applicants may be given three years credit for a bachelor's degree in mining engineering, mining technology, civil engineering, civil technology or geology, or two years credit for an associate's degree in mining technology or civil technology.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-70 Surface foreman, open pit (this certification is for a person whose job duties do not include overseeing blasting activities)

A. Surface foreman, open pit applicants shall possess five years mining experience with at least one year at a surface mineral mine, or equivalent work experience approved by the division.

C. Applicants shall possess a valid first aid certificate verifying completion of an approved first aid course.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-75 Cement plant examiner

A. Competent persons who are certified as a general mineral miner and who possess at least one year experience working at a cement plant may assist the surface foreman in performing examinations of active work areas of cement plants at the beginning of each shift.

B. The surface foreman shall oversee any examinations of the plant that are performed by a cement plant examiner.

C. Cement plant examiners shall be trained in the safety and health aspects of the plant area they may examine and be trained in the procedures for work place examination and recordkeeping. The operator shall maintain records of the training as required in 4VAC25-40-100.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-35-80 Surface blaster

A. Surface blaster applicants shall possess one year of blasting experience on a surface mineral mine under the supervision of a certified blaster or possess equivalent work experience approved by the division.

B. Applicants shall possess a valid first aid certificate verifying completion of a first aid course approved by the division.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-90 Underground mining blaster

A. Underground mining blaster applicants shall possess two years of work experience in an underground mine with at least one year handling and using explosives underground or possess equivalent work experience approved by the division.

B. Applicants shall possess a valid first aid certificate verifying completion of a first aid course approved by the division.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-100 Mineral mining electrician (electrical repairman)

A. Applicants for certification as a mineral mining electrician shall possess work experience as demonstrated by a valid journeyman or master electrical license issued by the Department of Professional and Occupational Regulation, Tradesmen Section or as approved by the division as equivalent to that required for a journeyman license.

B. Applicants shall submit documentation of training or obtain training as required by 30 CFR Part 46 or 30 CFR Part 48 or provide evidence of their knowledge of safe working practices on the mine site as approved by the division.

History

Statutory Authority: § 45.1-161.292:19 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014.

4VAC25-35-110 Mineral mine inspector

In addition to the requirements set forth in § 45.2-1109 of the Code of Virginia, mine inspector applicants shall demonstrate knowledge and competence in those areas specified in § § 45.2-1110 of the Code of Virginia through the examination process. A certificate will not be issued until an applicant is employed by the department. Applicants who already possess a valid coal mine inspector certification pursuant to 4VAC25-20-180 or 4VAC25-20-185 shall be deemed to have met the requirements of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 30, Issue 6, eff. January 3, 2014; Volume 32, Issue 25, eff. September 22, 2016; Volume 34, Issue 1, eff. October 19, 2017; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-35-120 General mineral miner

A. As set forth in § 45.2-1122 of the Code of Virginia, miners commencing work after January 1, 1997, shall have a general mineral miner certification. Persons excluded from the general mineral miner certification are those involved in delivery, office work, maintenance, service and construction work, other than the extraction and processing of minerals, who are contracted by the mine operator. Hazard training as required by 30 CFR Part 46 or 30 CFR Part 48 shall be provided to these persons.

B. Applicants shall complete certification training in first aid and mineral mining regulations and law, which is conducted by a training instructor approved by the division, a certified MSHA instructor, or a certified mine foreman. Training shall include the following topics, subtopics and practical applications:

First aid training shall convey knowledge of first aid practices including identification of trauma symptoms, recognition and treatment of external and internal bleeding, shock, fractures, and exposure to extreme heat or cold. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.
Law and regulation training shall convey highlights of the mineral mine safety laws of Virginia and the safety and health regulations of Virginia. Specifically, information shall be provided on miner responsibilities and accountability, certification requirements, violations, penalties, appeals and reporting violations to the division. Training shall include a demonstration of skills or passing an examination, as evidenced by the instructor certification submitted in a form acceptable to the division.

C. The trainer will certify to the department that the training and demonstrations required by § 45.2-1122 B of the Code of Virginia and this section have occurred.

D. Applicants who hold a valid first aid certificate as noted in 4VAC25-35-10 shall be considered to have met the first aid requirements.

E. Applicants who have completed training may commence work and shall be considered provisionally certified for up to 60 days from the date the instructor completes the training.

F. The instructor shall submit verification of certification in a form acceptable to the division and the $10 fee for each applicant who completes the training, together with a class roster of all persons who complete the training, within 30 days of the training date.

G. The mine operator shall maintain the following records for those miners required to obtain a general mineral miner certification and those who qualify for exemption, starting January 1, 1997:

The employee name, address, and phone number.
The job title, employment date and general mineral miner number if applicable.
The date training was completed and the instructor providing it for nonexempt employees.
If the employee is exempt from the requirements, the date they began working in the mineral mining industry in Virginia.

H. Applicants who already possess a valid general coal miner surface certification pursuant to 4VAC25-20 shall be deemed to have met the requirements of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 8, eff. February 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; Volume 28, Issue 21, eff. July 18, 2012; Volume 30, Issue 6, eff. January 3, 2014; Volume 32, Issue 7, eff. January 15, 2016; Volume 38, Issue 13, eff. March 31, 2022.

Chapter 40 Safety and Health Regulations for Mineral Mining

Part I General Administrative Provisions—Surface and Underground

4VAC25-40-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Abandoned mine" means a mine in which all work has stopped on the mine premises and where an office with a responsible person in charge is no longer maintained at the mine.

"Abandoned workings" means deserted mine areas in which further work is not intended.

"Acceptable" means tested and found to be appropriate for a specific purpose by a nationally recognized agency.

"ACGIH" means the American Conference of Governmental Industrial Hygienists.

"Angle of repose" means the maximum slope or angle at which material remains stable.

"Auxiliary fan" means a fan used to deliver air to a working place off the main airstream, generally used with ventilation tubing.

"Barricaded" means physically obstructed to hinder or prevent the passage of persons or vehicles.

"Blast area" means the area of the mine in which concussion or flying material can reasonably be expected to cause injury during detonation.

"Blast site" means the 50-foot perimeter around boreholes being loaded, or 30 feet if demarcated by a barricade, and the 180° free-face area for a distance of at least four times the average depth of the boreholes being loaded.

"Bridle" means a cable or chain used to support a work platform in a raised position with more than three connection points.

"Burden" means the distance in feet between rows of boreholes or between the open face and boreholes.

"Company official" means a member of the company supervisory or technical staff.

"Competent person" means a person having abilities and experience that fully qualify him to perform the duty to which he is assigned.

"Confined space" means an enclosed area that is large enough for an employee to enter fully and perform his assigned work but is not designed for continuous occupancy by the employee and has a limited or restricted means of entry or exit. These spaces may include storage bins, hoppers, silos, tanks, vaults, and other similar areas.

"Department" means the Department of Energy.

"Director" means the Director of the Division of Mineral Mining.

"Distribution box" means an apparatus with an enclosure through which an electric circuit is carried to one or more cables from a single incoming feedline, each cable circuit being connected through individual overcurrent protective devices.

"Division" means the Division of Mineral Mining.

"Escapeway" means a passageway by which persons may leave if the ordinary exit is obstructed.

"Face" or "bank" means that part of any mine where excavating is progressing or was last done.

"Flash point" means the minimum temperature at which sufficient vapor is released to form a flammable vapor-air mixture.

"Free-face" means the face area of a quarry bench to be blasted.

"Flyrock" means any uncontrolled material generated by the effect of a blast that was hazardous to persons, or to property not owned or controlled by the operator.

"Heavy duty mobile equipment" means any equipment used for loading, hauling, or grading and not normally intended for highway use.

"Hoist" means a power-driven windlass or drum used for raising ore, rock, or other material from a mine, and for lowering or raising persons and material.

"Lay" means the distance parallel to the axis of the rope in which a strand makes one complete turn about the axis of the rope.

"Loaded" means containing explosives, blasting agents, or detonators.

"Main fan" means a fan that controls the entire airflow of the mine or the airflow of one of the major air circuits.

"Major electrical installation" means an assemblage of stationary electrical equipment for the generation, transmission, distribution, or conversion of electrical power.

"Mine opening" means any opening or entrance from the surface into a mine.

"Mine vehicle" means any vehicle on the mine site that is utilized by the mine operator or contractors performing excavation, maintenance, or construction at the mine.

"Misfire" means the partial or complete failure of a blast to detonate as planned.

"MSHA" means the Mine Safety and Health Administration.

"Occupational injury" means any injury to a miner which occurs at a mine for which medical treatment is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job as specified in the 30 CFR Part 50.2.

"Overburden" means material of any nature, consolidated or unconsolidated, that overlies a deposit of useful materials or ores that are to be mined.

"Potable" means fit for human consumption and, where required by the Code of Virginia, approved by the Virginia Department of Health.

"Powder chest" means a substantial, nonconductive portable container equipped with a lid and used at blasting sites for explosives other than blasting agents.

"Primer" means a cartridge or package of explosives which contains a detonator or detonating cord.

"Refuse" means mineral processing waste, tailings, silts, sediments, or slimes.

"Rollover protection" means a framework, safety canopy or similar protection for the operator when equipment overturns and which is acceptable for use on that particular type of equipment.

"Safety fuse" means a train of powder enclosed in cotton, jute yarn, and water-proofing compounds, which burns at a uniform rate, used for firing a cap containing the detonating compound which in turn sets off the explosive charge.

"Safety hazard" means any condition, function, or circumstance which may reasonably be expected to cause or assist an accident.

"Scaled distance (Ds)" means the actual distance (D) in feet divided by the square root of the maximum explosive weight (W) in pounds that is detonated per delay period for delay intervals of eight milliseconds or greater; or the total weight of explosive in pounds that is detonated within an interval less than eight milliseconds.

"Scaling" means removal of insecure material from a face or highwall.

"Shaft" means a vertical or inclined shaft, slope, incline, or winze.

"Stemming" means that inert material placed in a borehole after the explosive charge for the purpose of confining the explosion gases in the borehole or that inert material used to separate the explosive charges (decks) in decked holes.

"Substantial construction" means construction of such strength, material, and workmanship that the object will withstand all reasonable shock, wear, and usage to which it will be subjected.

"Suitable" means that which fits and has the qualities or qualifications to meet a given purpose, occasion, condition, function, or circumstance.

"Switch" means a device used to complete or disconnect an electrical circuit.

"Travelway" means a passage, walk or way regularly used and designated for persons to go from one place to another.

"Wet drilling" means the continuous application of water through the control hole of hollow drill steel to the bottom of the drill hole.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 1.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-40-20 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 1.2 A, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-25 Purpose and authority

The purpose of this chapter is to provide for the protection of persons and property on and around mineral mines. The chapter works with the Virginia Mineral Mine Safety Act ( § 45.2-939 et seq.) of the Code of Virginia (as shown in Mineral Mine Safety Laws of Virginia, 2005 edition). Refer to the Act for other definitions and requirements related to this chapter.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-40-30 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 1.2 B, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-40 Certification

Any person who is responsible for mining or blasting activities shall be certified by the department and governed by the Certification Requirements for Mineral Mining, 4VAC25-35.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 1.2 C, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 28, Issue 21, eff. July 18, 2012.

4VAC25-40-50 Reporting of accidents and injuries by the operator

A. Operators shall report any accident involving serious personal injury or death to any person on the mine property to the division by the quickest available means, and the scene of the accident shall not be disturbed until an investigation is conducted by the division. For accidents where the injured person is transported to a hospital, but confinement is not expected, the operator may either preserve the scene or collect relevant physical data and photographs as specified by the division. The division shall be notified immediately upon learning that the injured person has been admitted to the hospital for medical treatment. Head injuries that result in loss of consciousness at the site shall be reported immediately.

B. Operators shall report all other accidents and occupational injuries to the division within 10 days of their occurrence. Operators shall keep on file a report of all accidents and occupational injuries occurring on the mine property for review by the division mine inspector. Such records shall be kept for three years.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 1.2 D, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-60 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 1.2 E, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-70 Approval procedure

A. When approval by the Director of the Division of Mineral Mining is required, the mine operator shall submit written proposed standards for the person, equipment, material, or practice required by the regulation to the Division of Mineral Mining office.

B. The director will review the submittal, request additional material or corrections as required and notify the mine operator in writing of his determination within 30 days.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 1.2 F, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-80 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 1.2 G, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-90 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 1.2 G, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009; repealed, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

Part II General Safety Provisions—Surface and Underground

4VAC25-40-100 Employee training

New or reassigned employees shall be trained in state and company safety regulations and be task trained prior to being assigned a task or duty. Records of training shall be kept in writing at the mine site for the duration of the miner's employment and for 60 days after termination of employment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-110 Inexperienced employees

Employees with less than six months of mining experience shall work with or under the direction of an experienced miner.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-115 Persons younger than 18 years of age working in a mine

Operators shall ensure no person younger than 18 years of age works in any mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 4, eff. November 12, 2020.

4VAC25-40-116 Persons younger than 18 years of age working around a mine

Operators shall comply with 29 CFR 570.60 regarding persons between 16 and 18 years of age working around any mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 37, Issue 4, eff. November 12, 2020.

4VAC25-40-120 When foreman required

When three or more persons are working in a mine, a certified mine foreman shall be employed who shall ensure that all activities under the foreman's supervision are conducted in a safe manner in compliance with applicable laws and regulations adopted by the department. The director may designate an approved competent person to perform the duties of a certified mine foreman except for the examination made at the beginning of each shift.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-130 Examination by foreman

The certified mine foreman shall examine active workings at the beginning of each shift. Any hazardous or unsafe condition shall be corrected prior to personnel starting work in the affected area. If the hazardous or unsafe condition cannot be corrected immediately, the affected area shall be barricaded and posted with warning signs. A documented record of the examination shall be made and shall include the date, areas examined, time work began in the area, and time of examination. A documented record of hazards found and corrective actions taken shall also be made. The records shall be signed or certified by the certified mine foreman making the examination. Records of the examinations made at the beginning of each shift shall be kept for one year.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-140 First aid training for foreman

The certified mine foreman shall be trained in first aid and possess a valid first aid certificate issued by an approved agency or organization.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-145 Inspection of mobile and stationary equipment

Mobile and stationary equipment that is to be used during a shift shall be inspected by the equipment operator. Equipment safety defects shall be reported to the certified mine foreman. Defects that affect the safety or health of persons shall be corrected before the equipment is used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-150 Assignment of persons to hazardous areas

No person shall be assigned, allowed, or required to work alone in a hazardous area unless they can be seen or heard by another person in attendance.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.6, eff. July 19, 1989.

4VAC25-40-160 Emergency medical assistance

Prior arrangements shall be made for emergency medical assistance and transportation of injured personnel.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.7, eff. July 19, 1989.

4VAC25-40-170 Emergency telephone numbers

Emergency telephone numbers, including fire, rescue, and state mining officials shall be posted at appropriate telephones at the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.8, eff. July 19, 1989.

4VAC25-40-180 Emergency communication systems

An approved operational communication system acceptable to the director shall be provided and maintained at the mine for obtaining assistance in the event of an emergency.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-190 Compliance with regulations

Miners shall comply with all state safety and health regulations applicable to their task or duties.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.10, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-200 Illumination requirements

Illumination sufficient to provide safe working conditions shall be provided at all active workings, structures, and travelways.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-210 Cleanliness

All active workings, structures, and travelways shall be kept clean and orderly.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.12, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-220 Water supplies

Potable water with a sanitary dispensing method shall be provided at all active workings.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-230 Toilet facilities

Suitable, sanitary toilet facilities shall be provided for employees at readily available points in and around the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.14, eff. July 19, 1989.

4VAC25-40-240 Waste receptacles

Receptacles with covers shall be provided at locations where waste food is disposed. Receptacles shall be emptied frequently and kept in a clean sanitary condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.15, eff. July 19, 1989.

4VAC25-40-250 Use of intoxicating substances

Employees shall not use intoxicating beverages, narcotics or other substances that will impair their ability to perform their assigned task. Employees using substances, whether prescription or over-the-counter, that may impair their ability to perform their assigned task shall notify the person in charge of the mining site prior to starting their shift.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-260 Posting hazards

Areas containing safety or health hazards that are not immediately obvious to personnel shall be barricaded or posted with warning signs specifying the hazard and proper safety procedures.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.17, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-270 Refuse piles, water and silt retaining dams

A. Refuse piles, water and silt retaining dams that meet the size criteria of § 45.2-1302 of the Code of Virginia shall be designed, constructed, maintained, inspected and abandoned in accordance with Chapter 13 (§ 45.2-1300 et seq.) of Title 45.2 of the Code of Virginia.

B. Water and silt retaining dams that do not meet the size criteria of § 45.2-1301 of the Code of Virginia shall be designed, constructed and abandoned in accordance with the Minerals Other Than Coal Surface Mining Law ( § 45.2-1200 et seq. of the Code of Virginia).

C. Refuse shall be placed only in locations approved by the director.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.18, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-40-280 Horseplay prohibited

No person shall engage in horseplay at mines.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.19, eff. July 19, 1989.

4VAC25-40-290 Restricted access

Access to unattended mine roads or mine openings shall be restricted by use of gates, doors, or fences and warning signs shall be posted.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.20, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-300 Closure of roads or openings

Upon abandonment of a mine, the operator shall effectively close or fence all roads, mine openings, and surface excavations where hazardous conditions exist and warning signs shall be posted. Upon temporary cessation of mining activities as provided for in § 45.2-1205 of the Code of Virginia, the operator shall effectively close or barricade access roads and hazardous areas.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.21, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-40-310 Starting machinery

Machinery or equipment shall not be started prior to ensuring that affected persons are in the clear. If the machinery or equipment is not visible from the starting switch, an audible warning signal shall be given.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.22, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-320 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 2.23, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-330 Proper use of machinery

Machinery and equipment shall be used only for the purpose and within the capacity for which they were intended and designed.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.24, eff. July 19, 1989.

4VAC25-40-340 Lubricating machinery

Machinery shall not be lubricated while in motion where a hazard exists, unless equipped with extended fittings or cups.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.25, eff. July 19, 1989.

4VAC25-40-350 Repairing machinery

Repairs or maintenance shall not be performed on machinery until the power is off and the machinery is blocked against motion, except where machinery motion is necessary to make adjustments. Energy sources, other than those related to electricity (which are covered under 4VAC25-40-2140 and 4VAC25-40-2150) or internal combustion (which are covered under 4VAC25-40-1685), which pose a hazard to miners, shall be tagged out and marked by a means that identifies the individuals doing the work, and locked out if practical, by each authorized person exposed to the hazard. Tags or locks shall be removed only by the persons who installed them or by an authorized person, after ensuring that affected persons are in the clear.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.26, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-360 Maintaining machinery

Machinery and equipment shall be maintained in accordance with manufacturer's specifications; defective equipment or machinery shall be removed from service immediately.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.27, eff. July 19, 1989.

4VAC25-40-365 Construction and maintenance of structures

Structures shall be of substantial construction and maintained in safe condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-370 Operation of grinding wheels

Grinding wheels shall be operated within the specifications of the manufacturer of the wheel.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.28, eff. July 19, 1989.

4VAC25-40-380 Stationary grinding machines

Stationary grinding machines other than special bit grinders shall be equipped with:

Peripheral hoods (less than 90° throat openings) capable of withstanding the force of a bursting wheel;
Adjustable tool rests set no further than 1/8 inch from the wheel; and
Safety washers.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 2.29, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-385 Mobile crane requirements for personnel hoisting

A. The rated capacity of the crane at the radius at which the lift will be made shall be divided by four and this limit shall not be exceeded.

B. A full-cycle operational test lift shall be made prior to lifting of employees. The platform shall carry twice the intended load during the test lift.

C. All lifts shall be made in accordance with the manufacturer's lifting recommendations.

D. The stability of the footing shall be verified during the full-cycle operational test.

E. The load line on which the platform is suspended will have controlled load lowering. The free-fall option shall not be used with suspended work platforms.

F. The operating mechanism of the clutch of every man-hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake, to prevent accidental withdrawal of the clutch.

G. Any boom crane used to hoist personnel shall be equipped with a brake or brakes which shall be capable of holding the work platform at any point.

H. Lifting bridles on working platforms suspended from cranes shall consist of four legs so attached that the stability of the platform is ensured. The lifting bridle on working platforms suspended from cranes shall be secured by a shackle or attached by a closed hook which cannot open due to load position in the hook.

I. Platform requirements.

The platform and its components must be capable of supporting, without failure, at least four times the maximum intended load.
The platform shall be enclosed with a guardrail system including a top guardrail of approximately 42 inches, a midrail, and a toe-board capable of keeping personnel and materials secured.

a. The number of employees to be hoisted shall be kept to a minimum and in no case shall the number exceed four.

b. Employees using the platform shall be considered to weigh 250 pounds each.

c. The platform shall not be used during high winds and electrical storms or other adverse weather conditions which could endanger employees on the platform.

d. A safety cable shall be attached from the hook to the work platform which would be capable of supporting the suspended load in an upright position in the event of a failure of the main lifting bridle.

e. Personnel shall not ride on the work platform with supplies, materials, or tools other than small hand tools.

f. A standard code of hoisting signals shall be used; one person shall be designated to give hoisting signals.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-388 Rope requirements

A. Unless damage or deterioration is removed by cut-off, wire ropes shall be removed from service when any of the following conditions exist:

The number of broken wires exceeds either:

a. Five percent of the total number of wires; or

b. Fifteen percent of the total number of wires within any strand;

On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;
A loss of more than one-third of the original diameter of the outer wire;
Rope deterioration from corrosion;
Distortion of the rope structure;
Heat damage from any source; or
Diameter reduction due to wear that exceeds 6.0% of the baseline diameter measurement;

B. Load end attachments.

Wire rope shall be attached to the load by a method that develops at least 80% of the nominal strength of the rope;
Except for terminations where use of other materials is a design feature, zinc (spelter) shall be used for socketing wire ropes. Design feature means either the manufacturer's original design or a design approved by a registered professional engineer; and
Load end attachment methods using splices are prohibited.

C. Drum end attachment. For drum end attachment, wire rope shall be replaced when there is:

More than one broken wire at an attachment;
Improper installation of an attachment;
Slippage at an attachment; or
Evidence of deterioration from corrosion at an attachment.

D. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

E. Safety devices attached to hoist ropes shall be selected, installed, and maintained according to manufacturers' specifications to minimize internal corrosion, weakening and breaking of the hoist rope.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-389 Prohibition on cyanide

No miner or other person shall use cyanide or a cyanide compound in any mineral mining or processing operation.

History

Statutory Authority: §§ 45.2-103 and 45.2-1202 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 7, eff. December 18, 2024.

Part III Ground Control—Surface and Underground

4VAC25-40-390 Stability requirements

The operator shall use a mining method which will ensure ground, wall, bench and bank stability, including benching and sloping at the angle of repose as necessary.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-400 Open pit mine rims

Rims of open pits shall be stripped back of loose, unconsolidated material and trees for at least 10 feet, and unconsolidated material beyond 10 feet shall be sloped to the angle of repose. Areas that were developed prior to the effective date of this chapter may be barricaded and posted with warning signs in lieu of meeting this requirement.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-410 Benches

Benches shall be wide enough to allow safe operation and passage of equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.3, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-420 Scaling of hazardous areas

Safe means for scaling walls, benches, banks and roofs shall be provided; hazardous areas shall be scaled before other work is performed in the area.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.4, eff. July 19, 1989.

4VAC25-40-430 Hazardous conditions

No person shall work under or near hazardous walls, benches, bank or roofs. Hazardous conditions shall be corrected promptly, or the area shall be barricaded and posted with warning signs.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.5, eff. July 19, 1989.

4VAC25-40-440 Installation of rock bolts

When mechanical measures, such as rock bolts, must be used to stabilize ground movement, they shall be installed in accordance with a plan approved by the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-450 Correction of unsafe conditions

The certified mine foreman designated by the mine operator shall examine active workings for unsafe conditions at least at the beginning of the shift and after blasting. Any unsafe condition found shall be corrected prior to employees starting or resuming work in the area.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.7, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-460 Examination for unsafe conditions

All personnel shall examine their active workings for unsafe conditions prior to starting work and frequently thereafter. Any unsafe condition found shall be corrected or reported to the designated certified mine foreman, or when a certified foreman is not required, a competent person.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.8, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-470 Keeping clear of equipment

No person shall work between equipment and walls, benches, or banks if the equipment may hinder their escape from falling or sliding material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.9, eff. July 19, 1989.

4VAC25-40-480 Trimming of faces

Stockpile and muckpile faces shall be trimmed to prevent hazards to personnel.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 3.10, eff. July 19, 1989.

Part IV Fire Prevention and Control—Surface and Underground

4VAC25-40-490 Smoking near flammable and combustible materials

No person shall smoke or use an open flame within 25 feet of locations used to store or handle flammable or combustible liquids.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-500 Warning and evacuation procedures

Operators shall establish acceptable procedures for fire warning, emergency evacuation, and firefighting.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-510 Flammable and combustible liquid storage tanks

Areas surrounding flammable and combustible liquid storage tanks shall be kept free of combustible materials for at least 25 feet in all directions and posted with readily visible fire hazard warning signs.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-520 Storage of flammable materials

Flammable and combustible materials shall be stored in acceptable containers approved by the National Fire Protection Association or other approved rating agency.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-530 Distance of storage tanks from mine opening

Flammable and combustible liquid or gas storage tanks shall not be located within 100 feet of any underground mine opening.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-540 Storage buildings or areas

Buildings or areas used for storage of flammable or combustible materials shall be:

Of fire resistant construction;
Well-ventilated;
Kept clean and orderly;
Posted with fire hazard warning signs; and
Provided with means to confine or contain accidental spills.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-550 Shut-off valves

Fuel lines shall be equipped with shut-off valves at the source. Such valves shall be readily accessible and maintained in operating condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.7, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-560 Solvents

Solvents and combustibles shall not be used near an open flame, heat source or other ignition source.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.8, eff. July 19, 1989.

4VAC25-40-570 Waste materials

Waste materials which could create a fire hazard shall not be allowed to accumulate; such materials shall be disposed of in a safe manner.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.9, eff. July 19, 1989.

4VAC25-40-580 Use of flammable liquids for cleaning

Flammable liquids shall not be used for cleaning.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.10, eff. July 19, 1989.

4VAC25-40-590 Battery charging areas

Battery charging areas shall be well-ventilated and posted with warning signs prohibiting smoking or open flames within 25 feet.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-600 Refueling engines

Internal combustion engines, except diesels, shall be shut off prior to refueling.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.12, eff. July 19, 1989.

4VAC25-40-610 Fire equipment

Equipment and devices used for detection, warning, and extinguishing of fires shall be:

Suitable for the type of fire hazard that may be encountered;
Maintained in fire-ready condition as specified by manufacturer;
Strategically located, readily accessible, and plainly identified;
Of the type, size, and quantity that can extinguish fires of any class that may occur at the mine; and
Inspected at least monthly to ensure fire-ready condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.13, eff. July 19, 1989.

4VAC25-40-620 Welding operations

When welding or cutting, precautions shall be taken to ensure that sparks or other hot materials do not result in a fire.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.14, eff. July 19, 1989.

4VAC25-40-630 Training and practice drills

All employees assigned to firefighting responsibilities by the operator shall be trained in firefighting, and practice drills shall be conducted at least every six months.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.15, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-640 Firefighting assistance

Prior arrangements shall be made for obtaining assistance in firefighting.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.16, eff. July 19, 1989.

4VAC25-40-650 Conveyor belts

Conveyor belts in locations where belt slippage may result in a fire shall be equipped with automatic detection and stoppage devices when the conveyor belt is unattended.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.17, eff. July 19, 1989.

4VAC25-40-660 Removing flammable and combustible gases from containers

Prior to applying heat, cutting, or welding on any pipe or container that has contained a flammable or combustible material:

The pipe or container shall be drained, thoroughly cleaned and ventilated; and
The pipe or container shall be filled with an inert gas or material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.18, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-670 Fire extinguishers

A. Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

B. Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.19, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 21, eff. July 25, 2019; Volume 42, Issue 8, eff. January 15, 2026.

4VAC25-40-680 Exits or escapeways

At least two exits or escapeways shall be provided in surface buildings and structures where personnel work or congregate.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.20, eff. July 19, 1989.

4VAC25-40-690 Fire-resistant buildings near underground openings

Buildings and other structures within 100 feet of underground mine openings shall be fire resistant.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.21, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-700 Grass, weeds and underbrush

Areas surrounding main fan installations and other mine openings shall be kept free from grass, weeds, underbrush and other combustible materials for a safe distance in all directions.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.22, eff. July 19, 1989.

4VAC25-40-710 Dust or gases

Dust or gases which may be explosive or combustible shall be tested and controlled in an acceptable manner.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 4.23, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part V Air Quality and Physical Agents—Surface and Underground

4VAC25-40-720 Employee exposure limits to airborne contaminants

With respect to airborne contaminants, the following shall apply:

Employees shall be withdrawn from areas where airborne contaminants given a "C" designation in Threshold Limit Values and Biological Exposure Indices are present in concentrations that exceed specified TLVs.
Control of employee exposure to harmful airborne contaminants shall be by feasible engineering control methods. If such control measures are not available, an approved program of controlling employee exposure to airborne contaminants shall be implemented by the operator. Miners exposed for short periods to gas, dust, fumes and mist-inhalation hazards shall wear acceptable respiratory equipment appropriate for the hazard. When the exposure is for prolonged periods, other measures to protect workers or to reduce the hazard shall be taken.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 5.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-730 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 5.2, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-740 Dust sources

Sources of dust shall be wetted down unless controlled by dry collection measures.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 5.3, eff. July 19, 1989.

4VAC25-40-750 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 5.4, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-760 Silica compounds

Silica sand or other materials containing more than 1.0% free silica shall not be used in abrasive cleaning equipment unless exposed persons are provided with self-contained respiratory equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 5.5, eff. July 19, 1989.

4VAC25-40-770 Employee exposure to noise limits

Except for surface mines which are inspected by MSHA, employee exposure to noise shall not exceed the federal limit adopted for mineral mines. If exposure exceeds the federal limit, the director may require the mine operator to employ feasible engineering and administrative control measures. Operators shall provide hearing protection upon request.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 5.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part VI Explosives—Surface and Underground

4VAC25-40-780 Storage of explosive materials

A. Detonators and explosives, other than blasting agents, shall be stored in magazines accepted by the Institute of Makers of Explosives or other approved agency.

B. Detonators shall not be stored in the same magazine with explosives.

C. Explosives magazines shall be:

Located in accordance with the American Table of Distances;
Detached structures located away from power lines, fuel storage areas, and other possible sources of fire;
Of substantial construction and constructed of noncombustible material or covered with fire-resistant material;
Reasonably bullet resistant;
Electrically bonded and grounded if constructed of metal;
Made of nonsparking material on the inside, including floors;
Provided with adequate and effectively screened ventilation openings near the floor and ceiling;
Kept locked securely when unattended;
Posted with suitable danger signs so located that a bullet passing through the sign will not strike the magazine;
Used exclusively for storage of explosives or detonators and blasting-related materials;
Kept clean and dry in the interior and in good repair;
Unheated, unless heated in a manner that does not create a fire or explosion hazard. Electrical heating devices shall not be used inside a magazine; and
Located at least 300 feet away from any underground mine opening, occupied building, public road, or private road not used in connection with the mine.

D. An accurate inventory log of explosives stored in the magazine shall be maintained on site.

E. Any theft or unaccounted loss of explosives shall be reported immediately by telephone to local police, state police, the U.S. Department of Justice, The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Division of Mineral Mining.

F. Smoking or open flames shall be prohibited within 50 feet of explosives magazines or blasting agents storage facilities.

G. Areas surrounding magazines and facilities for the storage of blasting agents shall be kept clear of combustible materials, except live trees over 10 feet tall, for a distance of 50 feet in all directions.

H. Prior to repairs of a magazine which may cause a fire or explosion, the contents shall be removed to a safe location and guarded.

I. Explosives stored in magazines shall be:

Arranged so that the oldest stock is used first;
Separated by brand and type;
Stored with their top sides up; and
Stacked in a stable manner not over eight feet high.

J. When stored with other explosives, ammonium nitrate fuel oil blasting agents shall be physically separated to prevent contamination.

K. Damaged or deteriorated explosives and blasting agents shall be destroyed in a safe manner by a certified blaster.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-790 Transportation

A. Vehicles used to transport explosives shall be:

In good mechanical condition;
Posted with warning signs;
Provided with suitable fire extinguishers;
Provided with a nonsparking cargo area equipped with sides and tailgate;
Kept free of extraneous materials in the cargo area;
Operated at safe speeds over routes that expose the minimum number of personnel; and
Operated with the minimum number of persons required to safely transport the explosives.

B. Explosives and detonators shall be transported in separate vehicles unless they are separated by four inches of hardwood or the equivalent.

C. When explosives or detonators are transported by an electrically-powered vehicle, the cargo area shall be electrically insulated and covered.

D. Vehicles containing explosives shall not be left unattended or taken into a shop or building for any reason.

E. No person shall smoke while transporting explosives.

F. Explosives, detonators, or blasting agents shall not be transported on mantrips.

G. Explosives and detonators shall be transported in substantial, nonconductive, closed containers. Containers shall not be stacked higher than the sides or tailgate of the vehicle.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-800 Use of explosives

A. A certified blaster shall be in direct charge of blasting activities.

B. Persons who assist in blasting activities shall be under the direct supervision of the certified blaster in charge and shall be alerted to the hazards involved.

C. Black powder or safety fuse shall not be used without approval from the director. Special approvals shall specify use restrictions and procedures necessary for safe storage, transportation, and use.

D. The design and loading of a blast shall provide sufficient burden, spacing, and stemming to prevent flyrock or other dangerous effects. Flyrock incidents shall be reported to the division immediately and details noted in the blast record.

E. Boreholes shall not be drilled where there is a danger of intersecting a loaded or misfired hole.

F. No person shall smoke or use an open flame within 50 feet of explosives or detonators.

G. Prior to bringing explosives and detonators to the blast site, the certified blaster in charge shall:

Monitor weather conditions to ensure safe loading and firing;
Inspect the blast site for hazards;
Inspect and clear the boreholes of obstructions; and
Remove personnel and equipment, except those used in loading the shot, from the blast site.

H. The certified blaster in charge shall review the drill logs to determine specific downhole conditions prior to loading the shot.

I. Boreholes to be blasted shall be loaded as near to the blasting time as practical. Loaded shots shall be blasted as soon as possible upon completion of loading and connection to the initiation device. Surface blasting shall be conducted during daylight hours only.

J. Explosives shall be kept a safe distance from detonators until they are made into a primer.

K. Primers shall not be made up or assembled in advance of the borehole being loaded.

L. Only wooden or other nonsparking implements shall be used to punch holes in an explosive cartridge.

M. Detonators shall be inserted completely and securely into explosive cartridges used as primers. Priming shall be sufficient to detonate the explosive column in the borehole.

N. Primers shall be inserted into the borehole slowly to prevent accidental detonation from impact, and tamping shall not be done directly on the primer.

O. Tamping poles shall be constructed of wood or nonsparking materials.

P. Unused explosives, detonators, and blasting agents shall be returned to the magazine or storage facility upon completion of loading activities and prior to firing the blast.

Q. Equipment and machinery used to load or stem boreholes shall not be operated over loaded boreholes for any reason. Areas containing loaded boreholes shall be guarded or barricaded and posted to prevent unauthorized entry.

R. Blast warning signals shall be established and posted at the mine. Audible warning signals shall be given prior to firing a blast and shall be loud enough to be heard within the entire blast area.

S. All personnel shall be removed from the blast area prior to connection to the initiation device and the firing of a blast.

T. Blasting personnel shall fire shots from a safe location.

U. A post-blast examination of the blast area shall be made by the certified blaster in charge. Other personnel shall not return to the blasting area until an all clear signal is received from the certified blaster in charge.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-810 Recordkeeping

A detailed record of each surface blast shall be prepared immediately by the certified blaster. Records shall be maintained at the mine site for three years and subject to inspection by the division mine inspectors. Records shall contain the following information:

Name of company or contractor;
Location, date, and time of blast;
Name, signature, and certification number of the certified blaster in charge;
Type of material blasted;
Number of holes, and burden and spacing for each hole;
Drill logs of boreholes as required by 4VAC25-40-1095;
Types of explosives used;
Total amount of explosives used;
Maximum amount of explosives per delay period of eight milliseconds or greater;
Method of firing and type of circuit;
Direction and distance in feet to nearest dwelling house, public building, school, church, commercial or institutional building neither owned nor leased by the person conducting the blasting;
Weather conditions (including such factors as wind directions, etc.);
Height or length of stemming for each hole;
Whether mats or other protections were used;
Type of detonators used and timing of detonation for each detonator used;
The person taking the seismograph reading shall accurately indicate exact location of seismograph, if used, and shall also show the distance of seismograph from blast;
Seismograph records, including:

a. Name and signature of the person operating the seismograph;

b. Name of the person analyzing the seismograph record; and

c. Seismograph readings;

When a permanently installed seismograph is used to prove compliance, the record shall indicate the:

a. Name of the person and company that installed the seismograph; and

b. Name, signature, and company affiliation of the person validating the authenticity of the seismic data collected and transmitted by the permanent unit.

The information should be attached to the blast record as soon as it is available, but in no instance later than five working days after the shot; and

All anomalies or abnormalities occurring during the execution of the blast and actions taken to correct or address them.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-820 Procedure where a misfire occurs during a blast

A. No person shall enter the blasting area for at least 15 minutes except in the case of safety fuse where special approvals apply.

B. Misfires shall be disposed of in a safe manner by the certified blaster.

C. The blast area shall be guarded or barricaded and posted with warning signs until the misfire has been cleared.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-830 When traffic to be stopped

Prior to blasting near a mine haul road or public highway, traffic shall be stopped at a safe distance.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-840 Mudcapping

Mudcapping in blasting operations shall be permitted only where the driller would be in a hazardous position in attempting to drill the rock or material to be blasted.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.7, eff. July 19, 1989.

4VAC25-40-850 Blasting near underground mines

When conducting surface blasting activities near an underground mine, advance notice of blasting shall be given to the underground mine operator by the certified blaster.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.8, eff. July 19, 1989.

4VAC25-40-860 Blasting near pipelines or electrical lines

When conducting surface blasting activities within 300 feet of private pipelines or electrical transmission lines, advance notice of blasting shall be given to the owners of the pipeline or transmission lines by the certified blaster.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.9, eff. July 19, 1989.

4VAC25-40-870 Streams and watercourses

Surface blasting shall be prohibited if effects are liable to change the course or channel of any stream without a variance issued by the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.10, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-880 Ground vibration from blasting

A. Ground vibration, measured as peak particle velocity resulting from blasting, shall not exceed the limits set forth in Figure 1 at any inhabited building not owned or leased by the operator, without approval of the director. A seismographic record shall be provided for each blast.

B. Seismic monitoring of each blast shall be conducted, unless the blast contains no more than 500 pounds of explosives and the scaled distance, Ds, is 90 feet or more, as calculated with the following scaled distance formulas:

Where:

W = Maximum charge weight of explosives in pounds per delay period of 8.0 milliseconds or more.

D = Distance in feet from the blast site to the nearest inhabited building not owned or leased by the mine operator.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-890 Air overpressure limits

Air overpressure resulting from surface blasting shall not exceed 133 decibels, as measured with a 2Hz or lower flat response microphone, at any inhabited building not owned or leased by the operator.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.12, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-893 Action plans

Each operator shall maintain a plan to control the effects of blasting on areas adjacent to the operation. In the event of a blasting complaint, accident, or flyrock incident, the plan will be subject to review and approval of the division.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-895 Lower vibration and airblast levels

If necessary to prevent damage, the director may specify lower allowable ground vibration and airblast levels than those provided by 4VAC25-40-880 and 4VAC25-40-890.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-900 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 6.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-910 Seismic testing and evaluation

Seismic testing and evaluation to determine compliance with blasting regulations shall:

Utilize acceptable instrumentation that measures ground vibration, air overpressure, and vibration frequency;
Be conducted and analyzed by a qualified person; and
Be conducted whenever directed by the division.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.14, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-920 Electric detonators

A. When electric detonators are used, an acceptable blaster's galvanometer or blaster's multi-meter shall be used to test detonators, firing lines, series circuits, and total circuit resistance prior to firing.

B. Electric detonators of different brands shall not be used in the same blast.

C. Except when being tested with an acceptable instrument:

Electric detonators shall be kept shunted until they are connected into the series circuit;
Series circuits shall be kept shunted until they are connected onto the firing line; and
Firing lines shall be kept shunted until immediately before blasting.

D. Blasting machines or other acceptable power sources shall be suitable for the number of electric detonators to be fired and for the type of circuits to be used.

E. When electric detonators are used, sources of stray current to the blasting area shall be de-energized. Blasting activities shall be stopped immediately if stray current or static electricity in amounts sufficient to cause a premature detonation are encountered.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.15, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-925 Electronic detonators

Electronic detonation systems shall be approved by the director as providing performance equivalent to that required in 4VAC25-40-920, and shall be used in accordance with the manufacturer's instructions.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-930 Nonelectric blasting

A. When detonating cord manufactured with more than three grains per foot is used within 800 feet of inhabited buildings, not owned or leased by the operator, trunk lines shall be covered with at least six inches of loose earth or other acceptable material.

B. All detonating cord knots shall be tight and all connections kept at right angles to the trunk lines.

C. Detonators and delay connectors shall not be attached to exposed detonating cord by the certified blaster until the blast area is cleared.

D. Detonating cord blasting shall use a double trunk line or loop system to ensure complete detonation.

E. Detonating cord trunk lines, in multiple row blasts, shall make one or more complete loops, with crossties between loops at intervals not more than 200 feet.

F. When using a gas-charged initiation system, the certified blaster shall ensure that all components are fully charged prior to firing the blast. The blast area shall be cleared of personnel prior to charging the components.

G. Shock tube and other nonelectric detonation systems shall be used in accordance with manufacturers' recommendations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 6.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-931 Blasting complaints

In the event of a blasting complaint, accident, or flyrock investigation, all available data on the blast, including videos, shall be made available to the division.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-940 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 7.1, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-950 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 7.2, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-960 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 7.3, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-970 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 7.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

Part VII Drilling--Surface and Underground

4VAC25-40-980 Drilling of boreholes

Drilling--Surface and Underground

Boreholes shall not be drilled where there is a chance of intersecting a loaded or misfired hole.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.5, eff. July 19, 1989.

4VAC25-40-990 Drills to be attended

While in operation, drills shall be attended at all times.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.6, eff. July 19, 1989.

4VAC25-40-1000 Storage of steel and tools

Receptacles or racks shall be provided for drill steel and tools stored on drills.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.7, eff. July 19, 1989.

4VAC25-40-1010 Moving vehicle-mounted drills

When moving a track-mounted or truck- mounted drill from one drilling location to another:

The mast shall be lowered to a safe position;
Tools and other equipment shall be secured in a safe location; and
The drill helper, when used, shall remain in sight of the drill operator.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.8, eff. July 19, 1989.

4VAC25-40-1020 Power failures

In the event of a power failure, drill controls shall be placed in the neutral position until power is restored.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.9, eff. July 19, 1989.

4VAC25-40-1030 Hands to be kept clear

Drillers shall not hold or rest their hands on any rotating part of a drill.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.10, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1040 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 7.11, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-1050 Boreholes

Boreholes large enough to create a hazard shall be covered or guarded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.12, eff. July 19, 1989.

4VAC25-40-1060 Moving handheld drills

Prior to moving handheld pneumatic drills from one working area to another, the air shall be turned off and bled from the hose.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1070 Handling of boulders

Prior to drilling large boulders, drills shall be moved to a safe location and positioned securely in place.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.14, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1080 Walls or benches

When drilling next to a wall or bench, drillers shall:

Remove any loose, unconsolidated material from the bench or wall above the work area;
Position the drill in such a manner that the controls are on the side of the drill away from the bench or wall; and
Never work between the drill and the bench or wall if their escape from the work area may be hindered by falling material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.15, eff. July 19, 1989.

4VAC25-40-1090 Rotary jet piercing equipment

Prior to using rotary jet piercing equipment, the operator shall obtain approval from the director who shall specify safety procedures to be used in operating this equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 7.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1095 Drill logs required for boreholes intended for blasting

For each borehole intended for blasting, the driller shall produce a drill log as each hole is being drilled. The drill log shall include, at minimum, the name of the driller, borehole diameter, borehole depth, depth of broken material at the collar, and other geological conditions (for example, cracks, seams, voids, mud, or any other anomalies that could affect the blast) encountered during drilling. A signed copy of the drill log shall be provided to the mine operator and a copy shall be included in the record of the blast.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

Part VIII Compressed Air, Gases, and Boilers—Surface and Underground

4VAC25-40-1100 Boilers and pressure vessels

Boilers and pressure vessels shall be constructed, installed, and maintained in accordance with the Boiler and Pressure Vessel Regulations (16VAC25-50-10 et seq.). Operators shall, upon request, provide proof that the boiler or pressure vessel meets the Boiler and Pressure Vessel Regulations. Boilers and pressure vessels shall be inspected by an inspector certified by the Virginia Department of Labor and Industry at the time periods specified in the Boiler and Pressure Vessel Regulations. Records of such inspections shall be kept.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1110 Air compressors

Air compressors shall be equipped with automatic temperature activated shutoff mechanisms set for 400°F or with fusible plugs installed in the compressor discharge lines as near the compressors as possible. Fusible plugs shall melt at temperatures 50° less than the flash points of the lubricating oils.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.2, eff. July 19, 1989.

4VAC25-40-1120 Compressed-air receivers

Compressors and compressed-air receivers shall be equipped with automatic pressure-release valves, pressure gauges, and drain valves.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.3, eff. July 19, 1989.

4VAC25-40-1130 Compressor-air intakes

Compressor-air intakes shall be installed to ensure that only clean, uncontaminated air enters the compressors.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1140 Draining compressed-air receivers

Compressed-air receivers shall be drained of moisture, oil, or carbon buildup in accordance with manufacturers' recommendations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1150 Inspection openings in compressed-air receivers

Compressed-air receivers shall have inspection openings which, when the tanks are over 36 inches in diameter, shall be manholes.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.6, eff. July 19, 1989.

4VAC25-40-1160 Operating compressors

Compressors shall be operated and lubricated in accordance with the manufacturers' recommendations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.7, eff. July 19, 1989.

4VAC25-40-1170 Discharge pipes

Compressor discharge pipes shall be cleaned periodically.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.8, eff. July 19, 1989.

4VAC25-40-1180 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 8.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-1190 Repairs

Repairs involving the pressure system of compressors, receivers, or compressed-air-powered equipment, shall not be attempted until the pressure has been bled off.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.10, eff. July 19, 1989.

4VAC25-40-1200 Improper uses

At no time shall compressed air be directed towards a person unless a diffuser limiting pressure to no more than 30 pounds per square inch is used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1210 Locking devices

Safety chains or suitable safety devices shall be used at connections to machines of high pressure hose lines of 3/4 inch inside diameter or larger, and between high pressure hose lines of 3/4 inch inside diameter or larger, where a connection failure would create a hazard.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.12, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1220 Storage of oxygen cylinders

Oxygen cylinders shall not be stored near oil or grease.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1230 Maintaining regulators

Gauges and regulators used with oxygen or acetylene cylinders shall be kept clean and free of oil and grease.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.14, eff. July 19, 1989.

4VAC25-40-1240 Tank valves to be kept closed

Valves on oxygen and acetylene tanks shall be kept closed when the contents are not being used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.15, eff. July 19, 1989.

4VAC25-40-1250 Securing cylinders

Compressed gas or liquid gas cylinders shall be safely secured in an upright position.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1260 Valves and gauges to be protected

Valves and gauges on compressed gas cylinders shall be protected by covers when being transported and stored, or if a hazard from falling material exists when used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.17, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1270 Use of gauges, regulators and valves

Pressure gauges, regulators, and reverse flow check valves shall be used on all compressed air and gas cylinders and shall be maintained in safe working condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.18, eff. July 19, 1989.

4VAC25-40-1280 Boiler equipment and maintenance

Boilers shall be equipped and maintained as follows:

Boilers shall be equipped with guarded, well-maintained water gauges and pressure gauges placed so that they can be observed easily. Water gauges and pipe passages to the gauges shall be kept clean and free of scale and rust;
Boilers shall be equipped with automatic pressure-relief valves; valves shall be opened manually at least once a week to determine that they will function properly;
Boiler installations shall be provided with acceptable safety devices to protect against hazards of flame outs, fuel interruptions, and low water level; and
Blowoff valves shall be piped outside the building and shall have outlets so located or protected that persons passing by, near, or under them will not be scalded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.19, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1290 Welding operations

Welding operations shall be shielded and well-ventilated.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 8.20, eff. July 19, 1989.

4VAC25-40-1300 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 §§ 9.1, 9.2, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part IX Mobile Equipment—Surface and Underground

4VAC25-40-1320 Brakes on mobile equipment

Powered mobile equipment shall be provided with adequate service brakes capable of stopping and holding the equipment with its typical load on the maximum grade it travels.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1330 Emergency brakes

Mobile equipment shall be equipped with emergency brakes separate and independent of the regular braking system when generally available for a particular class of equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.4, eff. July 19, 1989.

4VAC25-40-1340 Requirements for starting or moving equipment

Equipment operators shall be certain, by signal or other means, that all persons are clear before starting or moving equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1350 Construction of operators' cabs

Cabs shall be maintained to provide visibility for safe operation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1360 Windows of cabs

Cab windows shall be of safety glass or equivalent, in good condition, and shall be kept clean.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.7, eff. July 19, 1989.

4VAC25-40-1370 Safety equipment

Heavy duty mobile equipment manufactured after June 30, 1969, shall be equipped with acceptable roll-over protection structures and seat belts. Equipment operators shall use the seat belts provided.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.8, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1380 Extraneous materials in cabs

Cabs of mobile equipment shall be kept free of extraneous materials.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.9, eff. July 19, 1989.

4VAC25-40-1390 Operating speeds

Equipment operating speeds shall be consistent with conditions of roadways, grades, clearance, visibility, traffic, and the type of equipment used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.10, eff. July 19, 1989.

4VAC25-40-1400 Dust control measures

Dust control measures shall be taken where dust significantly reduces visibility of equipment operators.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.11, eff. July 19, 1989.

4VAC25-40-1410 Restraining berms or guards

Berms or guards capable of restraining the largest vehicle used in the area shall be provided on the outer bank of elevated roadways.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.12, eff. July 19, 1989.

4VAC25-40-1420 Operation under power control

Mobile equipment shall be operated under power control at all times.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.13, eff. July 19, 1989.

4VAC25-40-1430 Maintaining control of equipment

Mobile equipment operators shall have full control of the equipment while it is in motion.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.14, eff. July 19, 1989.

4VAC25-40-1440 Suspending loads over cabs

Dippers, buckets, loading booms, or heavy suspended loads shall not be swung over the cabs of haulage vehicles until the drivers are out of the cabs and in safe locations unless the trucks are designed specifically to protect the drivers from falling material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.15, eff. July 19, 1989.

4VAC25-40-1450 Mounting and dismounting moving equipment

Persons shall not get on or off moving equipment, except that trainmen may get on or off slowly moving trains.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.16, eff. July 19, 1989.

4VAC25-40-1460 Prohibited means of transportation

Persons shall not be transported:

In or on dippers, forks, clamshells, or the bed of trucks, unless special provisions are made for their safety;
In or on buckets except shaft buckets;
On top of loaded haulage equipment;
Outside the cabs and beds of mobile equipment, except trains;
Between cars of trains; or
In conveyances equipped with unloading devices unless means are provided to prevent accidental starting of the unloading mechanism.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.17, eff. July 19, 1989.

4VAC25-40-1470 Securing equipment in travel position

When traveling between work areas, the equipment shall be secured in the travel position.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.18, eff. July 19, 1989.

4VAC25-40-1480 Securing dippers, buckets and scraper blades

Dippers, buckets, scraper blades, and similar movable parts shall be secured or lowered to the ground when not in use.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.19, eff. July 19, 1989.

4VAC25-40-1490 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 9.20, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1500 Securing electrically-powered mobile equipment

Electrically-powered mobile equipment shall not be left unattended unless the master switch is in the off position, all operating controls are in the neutral position, and the brakes are set or other equivalent precautions are taken against rolling.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.21, eff. July 19, 1989.

4VAC25-40-1510 Setting brakes

Mobile equipment shall not be left unattended unless the brakes are set. Mobile equipment with wheels or tracks, when parked on a grade, shall be either blocked or turned into a bank or rib unless the bucket or blade lowered to the ground prevents movement.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.22, eff. July 19, 1989.

4VAC25-40-1520 Warning lights

When in the dark or under conditions of limited visibility, all vehicles carrying loads which project beyond the sides or more than four feet beyond the rear of the vehicles shall display a warning light at the end of the projection. In the light, a warning flag not less than 12 inches square shall be displayed at the end of the projection.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.23, eff. July 19, 1989.

4VAC25-40-1530 Removal of hazards

Water, debris, or spilled material which creates hazards to moving equipment shall be removed.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.24, eff. July 19, 1989.

4VAC25-40-1540 Traffic rules

Traffic rules, including speed, signals, and warning signs, shall be posted at each mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.25, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1550 Heating and cooling cabs

Heavy duty mobile equipment with cabs being operated in extreme weather conditions shall use control measures to limit exposure of the equipment operator to extreme heat and cold.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.26, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1560 Getting on or off equipment

When an operator is present, persons shall notify him before getting on or off heavy duty mobile equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.27, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1570 Audible warning devices

Heavy duty mobile equipment shall be provided with audible warning devices.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.28, eff. July 19, 1989.

4VAC25-40-1580 Backup alarms

A. An automatic backup alarm that is audible above surrounding noise levels shall be provided on heavy duty mobile equipment and mine vehicles with an obstructed view to the rear.

B. An automatic reverse-activated strobe light may be used at night in lieu of an audible reverse alarm.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.29, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-1590 Railroad equipment

Railroad equipment shall be installed or maintained by the operator as follows:

Public and permanent railroad crossing shall be posted with warning signs or signals or shall be guarded when trains are passing and shall be planked or otherwise filled between the rails;
Operators shall sound a warning before starting trains and when trains approach crossing, other trains on adjacent tracks, persons, and any place where vision is obscured;
Persons shall not go over, under, or between cars unless the train is stopped and the motorman has been notified and the notice acknowledged;
Only authorized persons shall be permitted to ride on trains or locomotives and they shall ride in a safe position;
Movement of two or more pieces of rail equipment operating independently on the same track shall be regulated by an efficient signal block, telephone, or radio system; movements on complex haulage systems shall be adequately controlled if not under the supervision of a dispatcher;
Positive-acting stop blocks, derail devices, track skates, or other adequate means shall be installed wherever necessary to protect persons from runaway or moving railroad equipment;
Whenever a locomotive on one track is used to move equipment on a different track, a suitable chain, cable, or drawbar shall be used;
Persons in charge of trains shall ensure that tracks are clear and personnel are in safe locations prior to moving trains;
Cars shall not be coupled or uncoupled manually from the inside of curves unless the railroad and cars are so designed to eliminate any hazard from manual coupling;
Rocker-bottom or bottom-dump rail cars shall be equipped with locking devices;
Roadbeds, rails, joints, switches, frogs, and other elements on railroads shall be designed, installed, and maintained in a safe manner consistent with the speed and type of haulage;
Switch throws shall be installed so as to provide adequate clearance for switchmen;
Track guardrails, lead rails, and frogs shall be protected or blocked so as to prevent a person's foot from becoming wedged;
Railcars shall not be left on side tracks unless ample clearance is provided for traffic on adjacent tracks;
Parked railcars, unless held effectively by brakes, shall be blocked securely;
Railroad cars with braking systems shall be equipped with effective brake shoes when in use;
Where necessary, bumper blocks, or the equivalent, shall be provided at all track dead ends; and
At least 30 inches continuous clearance from the farthest projection of moving railroad equipment shall be provided on at least one side of the tracks; all places where it is not possible to provide 30-inch clearance shall be marked conspicuously.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.30, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1600 Avoiding mobile equipment in operation

Persons shall remain clear of mobile equipment in operation and shall not work or pass under the buckets or booms of equipment in operation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.31, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-1610 Design of chute-loading installations

Chute-loading installations shall be designed so that the persons pulling chutes are not required to be in a hazardous position while loading cars or trucks.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.32, eff. July 19, 1989.

4VAC25-40-1620 Berms or bumper blocks

Berms, bumper blocks, or similar means shall be provided to prevent overtravel and overturning at dumping locations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.33, eff. July 19, 1989.

4VAC25-40-1630 Anchoring of sizing devices

Grizzlies, grates, and other sizing devices at dump and transfer points shall be anchored securely in place.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.34, eff. July 19, 1989.

4VAC25-40-1640 Truck spotters

If truck spotters are used, they shall be well in the clear while trucks are backing into dumping position and dumping; lights shall be used at night to direct trucks.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.35, eff. July 19, 1989.

4VAC25-40-1650 Warning devices where clearance is restricted

Where clearance is restricted, warning devices shall be installed and the restricted area shall be conspicuously marked.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.36, eff. July 19, 1989.

4VAC25-40-1660 Tire repairs

Tires shall be deflated before repairs on them are started and adequate means shall be provided to prevent wheel locking rims from creating a hazard during tire inflation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.37, eff. July 19, 1989.

4VAC25-40-1670 Towing equipment

A tow bar and safety chain shall be used to tow heavy equipment that is not being operated under its own power.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.38, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1680 Working on equipment in raised position

Persons shall not work on or from a piece of mobile equipment in a raised position unless the equipment is specifically designed to lift persons.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 9.39, eff. July 19, 1989.

4VAC25-40-1685 Repairs or maintenance

Repairs or maintenance shall not be performed on mobile equipment until tagged out. The power shall be off and the mobile equipment shall be blocked against hazardous motion, except where power or motion is necessary to make adjustments.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part X Personal Protection—Surface and Underground

4VAC25-40-1690 First aid materials

Suitable first aid materials shall be provided. First aid materials shall be adequate for the number of employees and accessible to all work areas.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1700 Life jackets or belts

Life jackets or belts shall be worn where there is danger of falling into water.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.2, eff. July 19, 1989.

4VAC25-40-1710 Hard hats

All persons shall wear suitable hard hats when in or around a mine or plant where falling objects may create a hazard.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.3, eff. July 19, 1989.

4VAC25-40-1720 Protective footwear

All persons shall wear suitable protective footwear when in or around an area of a mine or plant where a hazard exists which could cause an injury to the feet.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.4, eff. July 19, 1989.

4VAC25-40-1730 Safety glasses or goggles

All persons shall wear safety glasses, goggles, or face shields or other suitable protective devices when in or around an area of a mine or plant where a hazard exists which could cause injury to unprotected eyes.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.5, eff. July 19, 1989.

4VAC25-40-1740 Safety harnesses

A safety harness with a line shall be worn when persons work where there is danger of falling. Also see 4VAC25-40-2550.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1750 Requirements for welding or cutting

Protective clothing or equipment and face shields or goggles shall be worn when welding, cutting, or working with molten metal.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.7, eff. July 19, 1989.

4VAC25-40-1760 Loose fitting clothing

Loose fitting clothing or gloves shall not be worn where they could create a hazard by becoming entwined or caught in moving parts of machinery.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.8, eff. July 19, 1989.

4VAC25-40-1770 When gloves to be worn

Protective gloves shall be worn by employees handling materials which may cause injury.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.9, eff. July 19, 1989.

4VAC25-40-1780 Wearing of rings

Finger rings shall not be worn while operating or working on equipment or tools.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.10, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1785 Light reflecting personal protection material

Reflective tape or material shall be worn on the hats or clothing of persons working underground or during hours of darkness.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1790 Requirements for grinding wheels

Face shields or goggles, in good condition, shall be worn when operating a grinding wheel.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.11, eff. July 19, 1989.

4VAC25-40-1800 Dumping locations

Adequate protection shall be provided at dumping locations when persons may be endangered by falling material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 10.12, eff. July 19, 1989.

Part XI Travelways—Surface and Underground

4VAC25-40-1810 Safe access

Safe means of access shall be provided and maintained to all work locations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1820 Requirements for walkways and stairways

Crossovers, elevated walkways, elevated ramps, and stairways shall be of substantial construction, provided with handrails, and maintained in good condition. Where necessary, toeboards shall be provided.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.2, eff. July 19, 1989.

4VAC25-40-1830 Condition of ladders

Ladders shall be of substantial construction and maintained in good condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.3, eff. July 19, 1989.

4VAC25-40-1840 Portable ladders

Portable straight ladders shall be provided with nonslip bases, shall be placed against safe backing, and set on secure footing.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.4, eff. July 19, 1989.

4VAC25-40-1850 Anchoring fixed ladders

Fixed ladders shall be anchored securely and installed to provide at least three inches of toe clearance.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.5, eff. July 19, 1989.

4VAC25-40-1860 Fixed ladders to project above landings

Fixed ladders shall project at least three feet above landings, or substantial handholds shall be provided above the landings.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.6, eff. July 19, 1989.

4VAC25-40-1870 Painting wooden ladders

Wooden members of ladders shall not be painted.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.7, eff. July 19, 1989.

4VAC25-40-1880 Debris to be cleared

Ladders, stairways, walkways, and ramps shall be kept free of loose rock and extraneous materials.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.8, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1890 Railings and walkway surfaces

Railed walkways shall be provided wherever persons are regularly required to walk alongside elevated conveyor belts. Inclined railed walkways shall be nonskid or provided with cleats.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.9, eff. July 19, 1989.

4VAC25-40-1900 Clearances above travelways

Vertical clearance above travelways shall be a minimum of seven feet or adequate warning shall be provided to indicate an impaired clearance.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.10, eff. July 19, 1989.

4VAC25-40-1910 Climbing or descending ladders

Persons climbing or descending ladders shall face the ladders and have both hands free for climbing.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.11, eff. July 19, 1989.

4VAC25-40-1920 Protective covers

Openings above, below, or near travelways through which persons or materials may fall shall be protected by railings, barriers, or covers. Where it is impractical to install such protective devices, adequate warning signals shall be installed.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.12, eff. July 19, 1989.

4VAC25-40-1930 Crossovers

Crossovers shall be provided and used where it is necessary to cross moving conveyors.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.13, eff. July 19, 1989.

4VAC25-40-1940 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 11.14, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-1950 Slippery walkways

Slippery walkways shall be provided with cleats and handrails.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.15, eff. July 19, 1989.

4VAC25-40-1960 Snow and ice removal

Regularly used walkways and travelways shall be sanded, salted, or cleared of snow and ice as soon as practicable.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.16, eff. July 19, 1989.

4VAC25-40-1970 Inclining fixed ladders

Fixed ladders shall not incline backward at any point unless provided with backguards.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.17, eff. July 19, 1989.

4VAC25-40-1980 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 11.18, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-1990 Landings for fixed ladders

Fixed ladders shall be offset and have substantial railed landings at least every 30 feet unless backguards are provided.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.19, eff. July 19, 1989.

4VAC25-40-2000 Steep fixed ladders

Steep fixed ladders (70° to 90° from the horizontal), 30 feet more in length, shall be provided with backguards, cages, or equivalent protection, starting at a point not more than seven feet from the bottom of the ladder.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.20, eff. July 19, 1989.

4VAC25-40-2010 Scaffolds and working platforms

Scaffolds and working platforms shall be of substantial construction and provided with handrails and maintained in good condition. Floorboards shall be laid properly and the scaffolds and working platform shall not be overloaded. Working platforms shall be provided with toe-boards when necessary.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 11.21, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part XII Electricity—Surface and Underground

4VAC25-40-2015 Installation of electrical circuits; supervision of electrical work

A. Electrical equipment and circuits shall be installed in accordance with nationally recognized standards, unless provided for in this part.

B. All work on new electric systems or modifications to existing electric systems performed in accordance with nationally recognized standards and this part shall be done by or under the direct supervision of a certified electrical repairman or other appropriately licensed electrical repairman. Routine maintenance of electrical systems and equipment where no changes are being made to the system or the equipment may be performed by a competent person who has received task training in the work from an appropriately licensed or certified electrical repairman.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018; Volume 41, Issue 24, eff. August 28, 2025.

4VAC25-40-2020 Fuses or circuit breakers to be used

Circuits shall be protected against excessive overloads or short circuits by fuses or circuit breakers of the correct type and capacity.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.1, eff. July 19, 1989.

4VAC25-40-2030 Switches to be provided

Electric equipment and circuits shall be provided with switches or other controls. Such switches or controls shall be of acceptable design and construction and shall be properly installed.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.2, eff. July 19, 1989.

4VAC25-40-2040 Trailing cables of mobile equipment

Individual overload protection and short circuit protection shall be provided for the trailing cables of mobile equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2050 Current-carrying capacity

Power wires and cables shall have adequate current carrying capacity and shall be protected from mechanical injury.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.4, eff. July 19, 1989.

4VAC25-40-2060 Running over cables

Mobile equipment shall not run over trailing cables, unless the cables are properly bridged or protected.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.5, eff. July 19, 1989.

4VAC25-40-2070 Distribution boxes

Distribution boxes shall be provided with disconnect switches.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.6, eff. July 19, 1989.

4VAC25-40-2080 Making connections under load

Trailing cable and power cable connections to junction boxes shall not be made or broken under load.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.7, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2090 Insulating wires and cables

Power wires and cables shall be adequately insulated where they pass into or out of electrical compartments.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.8, eff. July 19, 1989.

4VAC25-40-2100 Avoiding power lines

Telephone and electric signal wires shall be protected from contacting energized power lines.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2110 Electrical transmission wires

Electrical transmission wires shall be covered, insulated, or placed to prevent contact with low-potential conductors.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.10, eff. July 19, 1989.

4VAC25-40-2120 Splices in cables

Splices in power cables, including ground conductor, where provided, shall be:

Mechanically strong with adequate electrical conductivity;
Effectively insulated and sealed to exclude moisture; and
Provided with mechanical protection and electrical conductivity as near as possible to that of the original.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.11, eff. July 19, 1989.

4VAC25-40-2130 Shovel trailing cables

Shovel trailing cables shall not be moved with the shovel dipper unless cable slings or sleds are used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.12, eff. July 19, 1989.

4VAC25-40-2140 De-energizing electrical equipment

Electrically-powered equipment shall be de-energized before mechanical work is done on such equipment. Power switches shall be locked out or other measures taken which shall prevent the equipment from being energized without the knowledge of the individual working on it. Suitable warning notices shall be posted at the power switch and signed by the individuals doing the work. Such locks, tags or other devices, shall be removed only by the person who installed them or by authorized personnel after ensuring that affected persons are in the clear.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.13, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2150 De-energizing power circuits

Power circuits shall be de-energized before work is done on such circuits unless hot-line tools are used. Suitable warning signs shall be posted by the individuals who are to do the work. Switches shall be locked out or other measures taken which shall prevent the power circuits from being energized without the knowledge of the individuals working on them. Such locks, signs, or preventative devices shall be removed only by the person who installed them or by an authorized person.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.14, eff. July 19, 1989.

4VAC25-40-2160 Labeling of switches

Principal power switches shall be labeled to show which units they control, unless identification can be made readily by location.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.15, eff. July 19, 1989.

4VAC25-40-2170 Clearance around equipment

At least three feet of clearance shall be provided around all parts of stationary electric equipment or switch gear where access or travel is necessary.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2180 Nonconductive electrical safety mats

Dry, wooden platforms, insulating mats, or other electrically nonconductive material shall be kept in place at all switchboards and power-control switches where shock hazards exist. However, metal plates on which a person normally would stand and which are kept at the same potential as the grounded, metal, noncurrent-carrying parts of the power switches to be operated may be used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.17, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2190 Posting danger signs

Suitable danger signs shall be posted at all major electrical installations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.18, eff. July 19, 1989.

4VAC25-40-2200 Access by authorized persons

Areas containing major electrical installations shall be entered only by authorized persons.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.19, eff. July 19, 1989.

4VAC25-40-2210 Guarding accessible equipment

Electrical connections and resistor grids that are difficult or impractical to insulate shall be guarded, unless protection is provided by location.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.20, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2220 Grounding equipment

All metal enclosed, electrically-operated circuits or equipment shall be grounded back to the on-site source from which the electric circuit originates, and which is effectively connected to the earth or provided with equivalent protection.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.21, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2230 Grounding metal fences and buildings

Metal fencing and metal buildings enclosing transformers and switchgear shall be grounded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.22, eff. July 19, 1989.

4VAC25-40-2240 Frame grounding

Frame grounding or equivalent protection shall be provided for mobile equipment powered through trailing cables.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.23, eff. July 19, 1989.

4VAC25-40-2250 Testing after installation or repair

Continuity and resistance of grounding systems shall be tested immediately after installation, repair, and modification; and annually thereafter. A record of the resistance measured in each equipment ground conductor, grounding electrode conductor, and the earth around the grounding electrode shall be made, and the most recent test record shall be available upon request by the director or division mine inspector.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.24, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2260 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 12.25, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2270 Correcting dangerous conditions

Electric equipment and wiring shall be inspected by a competent person as often as necessary to ensure safe operating conditions. When a potentially dangerous condition is found, it shall be corrected before equipment or wiring is energized.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.26, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2280 Dust-proof and water-proof electrical equipment

Electric motors, switches, and controls exposed to damaging dust or water shall be of dust tight or watertight construction.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.27, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2290 Inspection and cover plates to be kept in place

Inspection and cover plates on electrical equipment and junction boxes shall be kept in place at all times except during testing or repairs.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.28, eff. July 19, 1989.

4VAC25-40-2300 Handheld electric tools

Handheld electric tools shall not be operated in excess of 130 volts.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.29, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2310 Extension lights

Portable extension lights and other lights that may present a shock or burn hazard shall be guarded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.30, eff. July 19, 1989.

4VAC25-40-2320 Lamp sockets

Lamp sockets exposed to the weather shall be of weatherproof type.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.31, eff. July 19, 1989.

4VAC25-40-2330 Removing or replacing fuses

Fuses shall not be removed or replaced by hand in an energized circuit, and they shall not otherwise be removed or replaced in an energized circuit unless equipment and techniques especially designed to prevent electrical shock are provided and used for such purpose.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.32, eff. July 19, 1989.

4VAC25-40-2340 Fuse replacement tools

Fuse tongs or hot line tools shall be used when fuses are removed or replaced in electrical circuits.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.33, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2350 Trailing cables to be clamped

Trailing cables shall be clamped to machines in a manner to protect the cables from damage and to prevent strain on the electrical connections.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.34, eff. July 19, 1989.

4VAC25-40-2360 Storing surplus trailing cables

Surplus trailing cables to shovels, cranes, and similar equipment shall be stored in cable boots or on reels mounted on the equipment or otherwise protected from mechanical damage.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.35, eff. July 19, 1989.

4VAC25-40-2370 Operating controls

Operating controls shall be installed so that they can be operated without danger of contact with energized conductors.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.36, eff. July 19, 1989.

4VAC25-40-2380 Design of switches and boxes

Switches and starting boxes shall be of safe design and capacity.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.37, eff. July 19, 1989.

4VAC25-40-2390 Lightning grounds

Lightning-arrester grounds on trolley tracks shall be connected to earth at least 25 feet from the underground mine opening.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.38, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2400 Overhead power lines

Surface overhead power lines shall be installed and maintained as specified by nationally recognized standards.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.39, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 41, Issue 24, eff. August 28, 2025.

4VAC25-40-2410 Incompatible line installations

Telegraph, telephone, or signal wires shall not be installed on the same crossarm with power conductors. When carried on poles supporting power lines, telegraph, telephone, and signal wires shall be installed as specified by nationally recognized standards.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.40, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 41, Issue 24, eff. August 28, 2025.

4VAC25-40-2420 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 12.41, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-2430 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 12.42, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-2440 Protecting power lines

Power lines, including trolley wires, and telephone circuits, shall be protected against short circuits and lightning.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.43, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2450 Bare power line precautions

Where metallic tools or equipment can come in contact with bare power lines, the lines shall be guarded or de-energized.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.44, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2460 Transformer requirements

Transformers shall either be totally enclosed, placed at least eight feet above the ground, installed in a transformer house, or surrounded by the substantial fence at least six feet high and at least three feet from any energized parts, casings, or wiring.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.45, eff. July 19, 1989.

4VAC25-40-2470 Transformer enclosures to be locked

Transformer enclosures shall be kept locked against unauthorized entry.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.46, eff. July 19, 1989.

4VAC25-40-2480 Lightning arrester for telephone circuits

A lightning arrester shall be provided where telephone circuits enter a mine; mine telephone extensions in surface buildings shall be provided with a lightning arrester for each circuit entering the building.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.47, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2490 Lightning arrester for power circuits

Each exposed power circuit that leads underground shall be equipped with a lightning arrester of an acceptable type at or near the point where the circuit enters the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.48, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2500 Moving equipment near power lines

Electric wiring shall be installed in a manner to prevent fire and contact hazards. When equipment must be moved or operated near energized power lines and the clearance is less than 10 feet, the lines shall be de-energized or a warning sign posted or other precautionary measures shall be taken. Also see 4VAC25-40-3890.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 12.49, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2510 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 12.50, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Part XIII Materials Handling—Surface and Underground

4VAC25-40-2520 Water or neutralizing agents

Water or neutralizing agents shall be available where corrosive chemicals or other harmful substances are stored, handled or used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.1, eff. July 19, 1989.

4VAC25-40-2530 Personal protection equipment

Acceptable protective clothing, respiratory protection, gloves, and goggles or face shields, accepted by the National Institute for Occupational Safety and Health (NIOSH) or other approved agency, shall be worn by persons exposed to chemical substances that are corrosive, flammable, reactive, or toxic.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.2, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2540 Storage of materials

Materials shall be stored and stacked in a manner which minimizes stumbling or fall of material hazards.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2550 Confined space hazard

A safety harness attached to an attended life line shall be worn by persons before they enter confined spaces. No person shall enter any confined space until the supply and discharge of materials has ceased and the supply and discharge equipment has been locked out and tagged out. No person shall enter an area where they are exposed to entrapment by the caving or sliding of loose, unconsolidated material. No person shall enter a confined space unless the area is provided with adequate ventilation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-2560 Safe storage of hazardous materials

Material that can create hazards if accidentally liberated from their containers shall be stored in a manner that minimizes the dangers.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.5, eff. July 19, 1989.

4VAC25-40-2570 Storage of corrosive and other materials

Corrosive, flammable, reactive, and toxic materials shall be stored in acceptable containers and shall be labeled appropriately.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.6, eff. July 19, 1989.

4VAC25-40-2580 Hitches and slings

Hitches and slings used to hoist materials shall be of safe design, maintained in a safe condition so as to avoid safety hazards, and used in a safe manner.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.7, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-2590 Tag lines

Tag lines shall be attached to suspended loads that require steadying or guidance.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.8, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2600 Suspended loads

Persons shall stay clear of suspended loads. Suspended loads shall be handled or secured in a manner to prevent their unintentional release.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.9, eff. July 19, 1989; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-2610 Dropping elevated materials

Materials shall not be dropped from an excessive height unless the drop area is guarded or sufficient warning is given.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.10, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2620 Riding loads or hooks

Personnel shall not ride on loads being moved by cranes or derricks, nor shall they ride the hoisting hooks unless such method eliminates a greater hazard.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.11, eff. July 19, 1989.

4VAC25-40-2630 Storage of reactive materials

Substances that react violently or liberate dangerous fumes when mixed shall be stored in such a manner that they cannot come in contact with each other.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.12, eff. July 19, 1989.

4VAC25-40-2640 Handling of molten material

Only personnel wearing protective equipment shall stand near pots or ladles when molten material is being handled; warning shall be given before a pour is made or the pot is moved.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.13, eff. July 19, 1989.

4VAC25-40-2650 Overhead crane equipment

Overhead cranes with operator cabs shall be provided with:

Bumpers at each end of each rail;
Automatic switches to halt uptravel of the blocks before they strike the hoist;
Effective audible warning signals within easy reach of the operator; and
A means to lock out the disconnect switch.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.14, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2660 Overhead crane bridges

No person shall work from or travel on the bridge of an overhead crane unless the bridge is provided with substantial foot-walks with toe-boards and railing the length of the bridge.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.15, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2670 Lift trucks

Fork and other similar types of lift trucks shall be moved with the load in a low position and shall descend grades with the load behind.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 13.16, eff. July 19, 1989.

Part XIV Guards

4VAC25-40-2680 Accessible moving parts

Gears, sprockets, chain drives, flywheels, couplings, shafts, saw and fan blades, and other similar exposed moving machine parts which are within seven feet reach by persons shall be guarded to prevent accidental contact.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2690 Overhead belts

Overhead belts shall be guarded if the whipping action from a broken belt would be hazardous to persons below.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.2, eff. July 19, 1989.

4VAC25-40-2700 Conveyor guarding; conveyor belts and idlers

A. Equipment guarding on conveyor drives, head pulleys, tail pulleys, and take-up pulleys that are within seven feet reach shall extend a sufficient distance to prevent a person from reaching behind, over, or under the guard and becoming caught in the moving parts. Other accessible, moving parts on the conveyor shall be guarded to prevent accidental contact.

B. Conveyor belts and idlers that are accessible from walkways shall be guarded or provided with emergency stop cords or railings positioned to prevent a person from falling on or against the moving belts or idlers.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2710 Conveyor openings

Openings where conveyors pass through wall or floors shall be guarded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.4, eff. July 19, 1989.

4VAC25-40-2720 Use of stop cords

When emergency stop cords are used on conveyors with walkways, the cord shall extend along the full length of the conveyor.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2730 Protruding setscrews

Protruding setscrews on revolving parts shall be guarded.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.6, eff. July 19, 1989.

4VAC25-40-2740 When guards to be in place

Except when testing the machinery, guards shall be securely in place while machinery is being operated.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.7, eff. July 19, 1989.

4VAC25-40-2750 Maintenance of guards

Guards shall be sufficiently strong and maintained to prevent contact with moving parts. Guards shall not be required where the exposed moving parts are at least seven feet away from walking or working surfaces.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.8, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2760 Flying or falling material protection

Guards or shields shall be provided in areas where flying or falling materials present a hazard.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 14.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Article 1 Ground Control

4VAC25-40-2770 Ground support

A. Upon encountering suspected hazardous geological conditions, the operator shall suspend mining activities in the area until a ground control plan has been approved by the director.

B. Ground support shall be used if the operating experience of the mine, or any particular area of the mine, indicates that it is required. If it is required, support, including timbering, rock bolting, or other methods shall be consistent with the nature of the ground and the mining method used. Also see 4VAC25-40-440.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.1, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2780 Loose ground

Persons shall be trained in the proper methods of testing for, taking down, and supporting loose ground.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.2, eff. July 19, 1989.

4VAC25-40-2790 Inspection of work area

Miners shall examine and test, where possible, the back, face, and ribs of their working areas, visually and by sounding, at the beginning of each shift and frequently thereafter. Competent persons shall examine the ground conditions during daily visits to ensure that proper testing and ground control practices are being followed. Loose ground shall be taken down or adequately supported before any other work is done. Ground conditions along haulageways and travelways shall be examined periodically and scaled or supported as necessary.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.3, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-2800 Scaling bar to be provided

A scaling bar of proper length and design shall be provided where manual scaling may be required. Picks or other short tools shall not be used for scaling when this use places the user in danger from falling material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.4, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-2810 Timbers to be blocked or wedged

Timbers used for support of ground in active working areas shall be blocked or wedged tightly. Loosened or dislodged timbers shall be promptly repaired or replaced.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.5, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2820 Installation of ground support in shafts

When necessary, permanent or temporary ground support shall be installed near enough to the bottom of the shaft during shaft sinking to prevent falls of rocks from the sides of the shaft.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.6, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2830 Shaft pillars

Shaft pillars shall have sufficient strength to protect operating shafts.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.7, eff. July 19, 1989.

4VAC25-40-2840 Rock-bolt installations

Rock-bolt installations, where needed, shall be installed in a manner to provide safe and effective ground support as soon as possible after an area is exposed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.8, eff. July 19, 1989.

4VAC25-40-2850 Acceptable rock-bolting materials

Only rock-bolting materials acceptable to the MSHA or other approved agency shall be used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.9, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2860 Rock-bolt hole drill bits

Rock-bolt hole drill bits shall be easily identifiable by sight or feel and diameters shall be within a tolerance of 0.030 inches of the manufacturer's recommended hole diameter for the anchor used.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.10, eff. July 19, 1989.

4VAC25-40-2870 Rock-bolt torque tests

Rock bolts used as a means of ground support and which require torquing shall be torqued to a value within the range determined from information obtained by tests in the strata in which the rock-bolt assembly is used. In no case shall the applied torque cause a bolt tension that would exceed the yield point or anchorage capacity of the rock-bolt assembly being used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.11, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2880 Rock-bolt anchorage tests

When rock bolts are used as a means of ground support, anchorage test procedures shall be established and tests shall be conducted to determine the anchorage capacity of rock-bolt installations. The results shall be in writing and made available to the director or his duly authorized representative.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.12, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2890 Torque test requirements

When installing point-anchor rock bolts:

A torque test shall be conducted on at least every fourth installed bolt;
Torque testing shall be conducted immediately after bolt installation;
If the recommended torque has not been achieved, the equipment used to install the bolt shall be adjusted and the next bolt installed shall then be tested; and
If the recommended torque has not been achieved on the majority of bolts installed in a working place through equipment adjustment, supplemental support equivalent to longer roof bolts with adequate anchorage, steel or wood sets, or cribs shall be installed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.13, eff. July 19, 1989.

Article 2 Fire Prevention and Control

4VAC25-40-2900 Accumulation of flammable materials

All flammable and combustible waste materials, grease, lubricants or flammable liquids shall not be allowed to accumulate where they can create a fire hazard.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.14, eff. July 19, 1989.

4VAC25-40-2910 Fire alarm systems

Fire alarm systems adequate to warn all employees shall be provided and maintained in operating condition.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.15, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2915 No smoking near flammable materials

Signs shall be posted which prohibit smoking or an open flame within 25 feet of places where flammable materials are stored.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2920 Use of flammable materials underground

No gasoline, benzene, kerosene, or other flammable petroleum products shall be used in powering machinery underground without prior approval of the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.16, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2930 Use of liquefied petroleum gases

The use of liquefied petroleum gases shall be limited to maintenance work.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.17, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-2940 Underground storage of petroleum products

Oil, grease, or diesel fuel stored underground shall be kept in suitable tightly sealed containers in fire-resistant areas, at safe distances from explosives, magazines, electrical installations, and shaft stations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.18, eff. July 19, 1989.

4VAC25-40-2950 Where transformer stations and other rooms to be placed

Transformer stations, pump rooms, compressor rooms, and similar installations shall be in fire-resistant areas.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.19, eff. July 19, 1989.

4VAC25-40-2960 Oil or fuel storage areas

Oil or fuel storage areas shall not be located in main ventilation airways.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.20, eff. July 19, 1989.

4VAC25-40-2970 Trailing cables

Trailing cables shall be fire-resistant.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.21, eff. July 19, 1989.

4VAC25-40-2980 Open flame restrictions

Fires shall not be built underground; open flame torches shall be attended at all times while lit.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.22, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-2990 When power circuits to be de-energized

Power circuits shall be de-energized in all areas on idle shifts or idle days, except where power is required. Circuits which remain energized shall be protected by fuses or circuit breakers of the correct type and capacity consistent with the power load on such idle shifts or idle days.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.23, eff. July 19, 1989.

4VAC25-40-3000 Fire doors to be provided

A. Fire doors shall be provided at shaft stations or other appropriate locations where necessary to prevent the spread of smoke or gas; the doors shall be equipped with latches operable from both sides. To confine or prevent the spread of toxic gases from a fire originating in an underground shop where maintenance work is routinely done on mobile equipment, one of the following measures shall be taken:

Use of control doors or bulkheads;
Routing of the mine shop air directly to an exhaust system;
Reversal of mechanical ventilation; or
Use of an automatic fire suppression system in conjunction with an alternate escape route.

The alternative used shall at all times provide at least the same degree of safety as control doors or bulkheads.

B. If used as an alternative, control doors and bulkheads shall:

Be constructed to serve as a barrier to fire, the effects of fire, and air leakage at each opening to the shop; and
Be constructed and maintained as follows:

a. So that, once closed, it will not reopen as a result of a differential in air pressure;

b. So that it can be opened from either side by one person or be provided with a personnel door that can be opened from either side;

c. To be clear of obstruction;

d. Provided with a means of remote or automatic closure unless a person specifically designated to close the door in the event of a fire can reach the door within three minutes;

e. If located 20 feet or more from exposed timber or other combustible material, the control doors or bulkheads shall provide protection at least equivalent to a door constructed of no less than one-quarter inch of plate steel with channel or angle-iron reinforcement to minimize warpage. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance and in physical strength; and

f. If located less than 20 feet from exposed timber or other combustibles, the control door or bulkhead shall provide protection at least equivalent to a door constructed of two layers of wood, each a minimum of three quarters of an inch in thickness. The wood grain of one layer shall be perpendicular to the wood grain of the other layer. The wood construction shall be covered on all sides and edges with no less than 24-gauge sheet steel. The framework assembly of the door and the surrounding bulkhead, if any, shall be at least equivalent to the door in fire and air-leakage resistance and in physical strength. Roll down steel doors with a fire resistance rating of 1-1/2 hours or greater, but without an insulation core, are acceptable, provided that an automatic sprinkler or deluge system is installed that provides even coverage of the door on both sides.

C. If routing of mine shop air to exhaust system is used as an alternative, routing the mine shop exhaust air directly to an exhaust system shall be done so that no person would be exposed to toxic gases in the event of a shop fire.

D. If mechanical ventilation is used as an alternative, reversal of mechanical ventilation shall be accomplished by a main fan. If the main fan is located underground:

The cable or conductors supplying power to the fan shall be routed through areas free of fire hazards; or
The main fan shall be equipped with a second, independent power cable or set of conductors from the surface. The power cable or conductors shall be located so that an underground fire disrupting power in one cable or set of conductors will not affect the other; or
A second fan capable of accomplishing ventilation reversal shall be available for use in the event of failure of the main fan; and
The mechanical ventilation shall provide rapid air reversal that allows persons underground time to exit in fresh air by the second escapeway or find a place of refuge and be done according to predetermined conditions and procedures.

E. If automatic fire suppression system and escape route is used as an alternative, the automatic fire suppression system and alternate escape route shall:

Be located in the shop area;
Be of the appropriate size and type for the particular fire hazards involved;
Be inspected at weekly intervals and properly maintained; and
In the case of the escape route, bypass the shop area so that the route will not be affected by a fire in the shop area.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.24, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3010 Timbered mine entrances

Timbered mine entrances shall be fire resistant for at least 200 feet inside the mine portal or collar or provided with fire protection adequate to control a fire for at least 200 feet inside the mine portal or collar.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.25, eff. July 19, 1989.

4VAC25-40-3020 Waterline outlets

Waterline outlets, if required, shall be located so as to be accessible if a fire is at stations or storage areas.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.26, eff. July 19, 1989.

4VAC25-40-3030 Welding or cutting near combustible materials

When welding or cutting near combustible material, the surrounding area shall, if practical, be wet down thoroughly before and after work is done. A fire patrol of the area shall be maintained afterward for so long as necessary to ensure that no danger of fire exists as determined by a responsible supervisor. In addition, when welding or cutting in shafts, winzes or raises, barriers, bulkheads or other protective measures shall be used to prevent injury to anyone working or traveling below.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.27, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3040 Fire protection at conveyor pulleys

Adequate fire extinguishers or equivalent fire protection shall be provided at the head, tail, and drive pulleys of belt conveyors and at suitable intervals along the belt line.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.28, eff. July 19, 1989.

4VAC25-40-3050 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.29, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3060 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.30, eff. July 19, 1989; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3070 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.31, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3080 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.32, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3090 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.33, eff. July 19, 1989; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3100 Firefighting personnel

Only trained mine rescue persons shall participate in firefighting operations in advance of the fresh air base.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.34, eff. July 19, 1989.

4VAC25-40-3110 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.35, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3120 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.36, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; repealed, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3130 Conveyor switches

Belt conveyors shall be equipped with slippage and sequence switches.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.37, eff. July 19, 1989.

4VAC25-40-3140 Stationary diesel equipment installation

Stationary diesel equipment shall not be supported on a combustible base.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.38, eff. July 19, 1989.

4VAC25-40-3150 Stationary diesel equipment sensors

Stationary diesel equipment shall be provided with a thermal sensor which automatically stops the diesel engine should overheating occur.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.39, eff. July 19, 1989.

Article 3 Air Quality, Radiation and Physical Agents

4VAC25-40-3160 Oxygen content in mines

Air in all active areas shall contain at least 19.5% volume oxygen as measured by an acceptable oxygen analyzer.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.40, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3170 Ventilation

Main fans shall be installed on the surface; if it is necessary to locate them underground, they shall be in fire-resistant areas and shall be provided with remote controls.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.41, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3180 Fan housings and air ducts

Fan housings and air ducts connecting main fans to underground openings shall be fire resistant.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.42, eff. July 19, 1989.

4VAC25-40-3190 Air intakes and returns

Separate mine openings shall be provided for main intake and return air currents except during early stages of development. A multiple compartment shaft is a single opening for the purpose of this standard.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 5.43, eff. July 19, 1989.

4VAC25-40-3200 Air current effectiveness

The air current passing through the mine shall have a sufficient volume and velocity to dilute or remove dangerous amounts of noxious impurities and explosive gases.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.44, eff. July 19, 1989.

4VAC25-40-3210 Fan maintenance

Main fans shall be inspected and maintained properly.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.45, eff. July 19, 1989.

4VAC25-40-3220 Mine atmosphere test instruments

Instruments shall be provided to test the mine atmosphere quantitatively for carbon monoxide, nitrogen dioxide, and other gases that occur in the mine. Tests shall be conducted as frequently as necessary by the operator to ensure that the required quality of air is maintained.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.46, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3230 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 15.47, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3240 Access to inadequately ventilated areas

Access to inadequately ventilated areas shall be sealed, or barricaded and posted against entry.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.48, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3250 Installation of ventilation tubing

When used, ventilation tubing shall be installed so that the air current sweeps the face areas effectively. Maximum distance of the end of the tubing from the face generally shall be 30 feet for blowing and six feet for exhausting.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.49, eff. July 19, 1989.

4VAC25-40-3260 Ventilation door operation

Ventilation doors not operated mechanically shall be designed and installed so that they are self-closing and will remain closed regardless of the direction of the air movement.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.50, eff. July 19, 1989.

4VAC25-40-3270 Requirements for ventilation doors

Ventilation doors shall be:

Substantially constructed;
Covered with fire-retardant material, if constructed of wood;
Maintained in good condition;
Self-closing, if manually operated; and
Equipped with audible or visual warning devices, if mechanically operated.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.51, eff. July 19, 1989.

4VAC25-40-3280 Ventilation door closing

When ventilation control doors are opened as a part of the normal mining cycle, they shall be closed as soon as possible to reestablish normal ventilation to active areas.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.52, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3290 Sampling for radon gas

Mine atmospheres shall be sampled to determine if hazardous concentrations of radon gas are present. Where potentially hazardous concentrations are found, or known sources of radon exist, each active area shall be sampled as often as necessary by a competent person.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.53, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3300 Maximum annual exposure

No person shall be permitted to receive an exposure to radon gas in excess of four working level months in any calendar year.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.54, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3310 Maximum concentrations

Persons shall not be exposed to air containing concentrations of radon gas exceeding 1.0 working level in active areas.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.55, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3320 Changes in permissible exposures

If levels of permissible exposures to concentrations of radon gas differ from those prescribed in this chapter are recommended by the Environmental Protection Agency and approved by the President of the United States, no employee shall be permitted to receive exposures in excess of those levels after the effective dates established by the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.56, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Article 4 Explosives

4VAC25-40-3325 Storage and use of explosives

See 4VAC25-40-3475 on gassy mines for blasting requirements.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3328 Certified underground blaster

A certified underground blaster shall be in direct charge of all blasting activities and shall fire all shots.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998; amended, Virginia Register Volume 35, Issue 4, eff. November 30, 2018.

4VAC25-40-3330 Construction of underground storage magazines

Main storage magazines used to store explosives or detonators near working faces shall be constructed with only nonsparking material inside and equipped with covers or doors and shall be located out of the line of blasts, 25 feet from roadways, power lines and in a reasonably dry place protected from roof and rib falls.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.57, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3340 Use of storage magazines

Box-type, main storage magazines shall be used to store detonators or explosives other than blasting agents near working faces and shall be located not less than 50 feet from the face.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.58, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3350 Day-box magazines

A. Day boxes shall be suitably labeled.

B. Contents not used during the shift shall be returned to the main magazine at the end of each shift.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.59, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3360 Detonator-storage magazines

Detonator-storage magazines shall be of the same construction as explosive-storage magazines and shall be separated by at least 25 feet from explosive-storage magazines.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.60, eff. July 19, 1989.

4VAC25-40-3370 Notification of hoisting personnel

Persons assigned to and responsible for hoisting shall be notified whenever explosives or detonators are being transported in a shaft conveyance.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.61, eff. July 19, 1989.

4VAC25-40-3380 When hoisting to be stopped

Hoisting in adjacent shaft compartments shall be stopped when explosives or detonators are being handled.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.62, eff. July 19, 1989.

4VAC25-40-3390 Attending vehicles loaded with explosives

Vehicles shall be attended, whenever practical and possible, while loaded with explosives or detonators.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.63, eff. July 19, 1989.

4VAC25-40-3400 Cars containing explosives to be pulled

Cars containing explosives or detonators shall be pulled, except when hand-trammed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.64, eff. July 19, 1989.

4VAC25-40-3410 Warning of blasting

Ample warning shall be given before blasts are fired. All persons shall be cleared and removed from areas endangered by the blast. Clear access to exits shall be provided for personnel firing the rounds.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.65, eff. July 19, 1989.

4VAC25-40-3420 Leaving blasting area; reentering blasting area

A. In areas where dangerous accumulations of water, gas or mud could be encountered, persons shall be removed to safe places before blasting.

B. Blasting areas shall not be reentered after firing for a minimum time limit of 30 minutes and not until the concentration of smoke, dust, and fumes has been reduced to safe limits.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.66, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3430 Misfires to be reported

Misfires shall be reported to the certified foreman. The blast area shall be barricaded and posted with warning signs until the misfire has been disposed of by a certified underground blaster.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.67, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3440 Secondary blasting

In secondary blasting, if more than one shot is to be fired at one time, blasting shall be done electrically or with detonating cord.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.68, eff. July 19, 1989.

4VAC25-40-3450 Isolating explosives from static electricity

Explosives, detonators, and blasting lines shall be isolated from sources of static electricity and stray currents and from extraneous sources.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.69, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3460 Electric blasting

Where electric blasting is to be performed, electric circuits and equipment in the immediate area to be blasted shall be de-energized before explosives or detonators are brought into the area; the power shall not be turned on again until after the shots are fired.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.70, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3470 Initiating blasts from safe location

Blasts in shafts or winzes shall be initiated from a safe location outside the shaft or winze.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.71, eff. July 19, 1989.

4VAC25-40-3475 Blasting in gassy mines

Blasts in gassy mines shall be initiated electrically, and multiple shot blasts shall be initiated with millisecond delay detonators. Permissible blasting units of capacity suitable for the number of holes in a round to be blasted shall be used unless the round is fired from the surface when all persons are out of the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3478 Stemming

Boreholes shall be stemmed as prescribed for the explosives used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Article 5 Drilling

4VAC25-40-3480 Drilling machine operation

Persons operating or working near drilling machines shall position themselves so that they will not be struck or lose their balance if the steel breaks or sticks.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.72, eff. July 19, 1989.

4VAC25-40-3490 Drilling machine control levers

Persons shall not attempt to operate drills from positions that hinder their access to the control levers.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.73, eff. July 19, 1989.

4VAC25-40-3500 Secure footing when drilling

Drilling shall not be attempted from insecure footing or staging or from atop equipment not designed for this purpose.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.74, eff. July 19, 1989.

4VAC25-40-3510 Procedure when collaring holes

Persons shall not hold the drill steel while collaring holes, rest their hands on the chuck or centralizer while drilling.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.75, eff. July 19, 1989.

4VAC25-40-3520 Procedure for moving portable drills

Air shall be turned off before moving portable drills from one face to another.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.76, eff. July 19, 1989.

4VAC25-40-3530 Receptacles or racks

Receptacles or racks shall be provided for drill steel stored on jumbos.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.77, eff. July 19, 1989.

4VAC25-40-3540 Warning to persons below jumbo decks

Before drilling cycle is started, warning shall be given to persons working below jumbo decks.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.78, eff. July 19, 1989.

4VAC25-40-3550 Anchoring of drills on columns

Drills on columns shall be anchored firmly before drilling is started and shall be retightened frequently thereafter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.79, eff. July 19, 1989.

Article 6 Loading, Hauling, and Dumping

4VAC25-40-3560 Carrying tools or materials on top of locomotives

Tools or materials, except properly located and secured rerailing devices, shall not be carried on top of locomotives. Tools or materials shall not be carried in the cab if they would interfere with the operation of the locomotive.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.80, eff. July 19, 1989.

4VAC25-40-3570 Coupling or uncoupling cars

Trains shall be brought to a complete stop, then moved very slowly when coupling or uncoupling cars manually.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.81, eff. July 19, 1989.

4VAC25-40-3580 Makeshift couplings

Makeshift couplings shall not be used.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.82, eff. July 19, 1989.

4VAC25-40-3590 Mantrip cars

Supplies, materials, and tools other than small hand tools shall not be transported with persons in mantrip cars. Mantrip cars shall be operated independently of ore and supply trips.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.83, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3595 Transportation of miners

A. Each mantrip shall be operated independently of any loaded trip of minerals or other material.

B. All miners, except the motorman and trip rider, shall ride inside the cars.

C. Miners shall remain seated while in moving mantrip cars, shall not board or leave moving mantrip cars, and shall proceed to and from mantrips in an orderly manner.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3600 Signalmen

When a signalman is used during slushing operations, he shall positioned in a safe place.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.84, eff. July 19, 1989.

4VAC25-40-3610 Open dry hole collars

Collars of open dry holes shall be kept free of muck and material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.85, eff. July 19, 1989.

4VAC25-40-3620 Hazardous chute lips

Warning devices, barricades or conspicuous markings shall be installed when chute lips create a hazard to personnel.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.86, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3630 Empty chutes

Empty chutes shall be properly guarded prior to filling or sufficient material shall be left in the chute bottom to prevent rock from flying out when broken material is dumped into the chute.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.87, eff. July 19, 1989.

4VAC25-40-3640 Danger from chute-pulling operations

Ample warning shall be given to persons who may be affected by the draw or otherwise exposed to danger from chute-pulling operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.88, eff. July 19, 1989.

4VAC25-40-3650 Safety lines to be provided

Persons shall not stand on broken rock or ore over draw points if there is danger that the chute will be pulled. Suitable platforms or safety lines shall be provided when work must be done in such areas.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.89, eff. July 19, 1989.

4VAC25-40-3660 Loosening hang-ups

Persons attempting to loosen hang-ups shall wear and use safety belts with tag lines or ropes to prevent their falling into the chute; if working near the chute opening, a bar sufficient in length to protect the person from dislodged material shall be used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.90, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3670 Shelter holes to be provided

Shelter holes shall be provided to ensure the safety of persons along haulageways where continuous clearance of at least 30 inches from the farthest projection of moving equipment on at least one side of the haulageway cannot be maintained.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.91, eff. July 19, 1989.

4VAC25-40-3680 Design of shelter holes

Shelter holes shall be at least four feet wide; marked conspicuously with lights, reflective signs, reflective tape, reflectors or luminous paint; provide a minimum of 40 inches clearance from the farthest projection of moving equipment; and shall not be used for storage of timber, tools, or other materials unless a 40-inch clearance is maintained.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.92, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3690 Trip lights

Trip lights or approved reflectors shall be used on the rear of pulled trips and on the front of pushed trips.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.93, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3700 Operation of mantrip cars

Mantrip cars shall be operated at speeds consistent with the condition of tracks and equipment used.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.94, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3710 Discharge and boarding points

Where mantrip cars are used, discharge and boarding points shall be designated. Persons shall not board or leave moving mantrip cars.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.95, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3720 Mantrip passengers

Mantrip passengers shall ride on the side of the car opposite the trolley wire when the trolley wire is not centrally located unless covered mantrip cars are provided.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.96, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3730 Movement of rock or material trains

During shift changes, the movement of rock or material trains shall be limited to areas where such trains could not present a hazard to persons coming on or going off shift.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.97, eff. July 19, 1989.

4VAC25-40-3740 Use of flexible ladders

Flexible ladders shall be used only where rigid ladders may be impractical.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.98, eff. July 19, 1989.

4VAC25-40-3750 Trap doors in ladderways

Trap doors or adequate guarding shall be provided in ladderways at each level. Doors shall be kept operable.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.99, eff. July 19, 1989.

4VAC25-40-3760 Size of openings in ladderways

The minimum, unobstructed cross-sectional opening in ladderways shall be 24 inches by 24 inches.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.100, eff. July 19, 1989.

4VAC25-40-3770 Entering manways

Warning shall be given and acknowledged before entering a manway above or below where persons are working.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.101, eff. July 19, 1989.

4VAC25-40-3780 Working floors in stopes

Working floors in square-set stopes shall be lagged closely and securely, and open sets shall be equipped with guardrails.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.102, eff. July 19, 1989.

4VAC25-40-3790 Steep travelways

Travelways steeper than 30° from the horizontal shall provided with ladders or stairways.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.103, eff. July 19, 1989.

4VAC25-40-3800 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.104, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-3810 Maintaining separate escapeways

Every mine shall have two separate properly maintained escapeways to the surface which are so positioned that damage to one shall not lessen the effectiveness of the other, or a method of refuge shall be provided when only one opening to the surface is possible.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.105, eff. July 19, 1989.

4VAC25-40-3820 Escape routes

Escape routes shall be:

Inspected at regular intervals and maintained in safe, travelable condition; and
Marked with conspicuous and easily read direction signs that clearly indicate the ways of escape.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.106, eff. July 19, 1989.

4VAC25-40-3830 Refuge areas

Refuge areas shall be:

Of fire-resistant construction, preferably in untimbered areas of the mine;
Large enough to accommodate readily the normal number of persons in the particular area of the mine;
Constructed so they can be made gas-tight; and
Provided with telephones, adequate air and water supplies, suitable hand tools, and stopping materials.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.107, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3840 Development of escape and evacuation plan

A specific escape and evacuation plan, and revisions thereof, suitable to the conditions and mining system of the mine and showing assigned responsibilities of all key personnel in the event of an emergency shall be developed by the operator and set out in written form. A copy of the plan and revisions thereof shall be available to the director or an authorized representative, and any affiliated mine rescue teams. Also copies of the plans and revisions thereof shall be posted at locations convenient to all persons on the surface and underground. Such a plan shall be updated as necessary and shall be reviewed jointly by the operator and the director or his authorized representative at least once every six months from the date of the last review. The plan shall include:

Mine maps or diagrams showing all underground workings, locations of surface and underground ventilation fans and ventilation controls, directions of principal air flow, locations of refuge chambers, locations of first aid supplies and firefighting equipment, locations of main electrical installations and disconnects, locations of surface and underground fuel storage, locations of surface and underground facilities to store explosives and detonators, location of escape routes and locations of existing telephones or other voice communication devices (see 4VAC25-40-3120 and 4VAC25-40-3850);
A plan for fire prevention, warning, emergency evacuation, firefighting and emergency medical assistance;
Surface procedure to follow in an emergency, including the notification of proper authorities;
A statement of the location and availability of mine rescue personnel and equipment;
A plan for instruction of mine workers and rescue personnel; and
A statement of the availability of emergency communications, transportation, power and ventilation equipment.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.108, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-3850 Telephone or voice communications

Telephone or other voice communication shall be provided between the surface and refuge chambers and such systems shall be independent of the mine power supply.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.109, eff. July 19, 1989.

4VAC25-40-3855 Communications

Telephone service or equivalent two-way communication facilities shall be provided from underground working areas to the surface.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3860 Inclined escapeways

Designated escapeways inclined more than 30° from the horizontal shall be equipped with stairways, ladders, cleated walkways, or emergency hoisting facilities.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.110, eff. July 19, 1989.

4VAC25-40-3870 Emergency hoisting facilities

Emergency hoisting facilities shall conform to the extent possible to safety requirements for other man hoists, shall be adequate to remove the persons from the mine with a minimum of delay, be maintained in ready condition, and be tested at least every 30 days; records shall be kept of these tests.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.111, eff. July 19, 1989.

4VAC25-40-3880 Check-in and check-out system

Each operator of an underground mine shall establish a check-in and check-out system which shall provide an accurate record of persons in the mine. These records shall be kept on the surface in a place chosen to minimize the danger of destruction by fire or other hazards. Every person underground shall carry a positive means of being identified.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.112, eff. July 19, 1989.

Article 7 Electricity

4VAC25-40-3890 Bare wires and cables

Wires and cables not encased in armor shall be supported by well-installed insulators and shall not touch combustible materials, roof, or ribs; however, this requirement shall not apply to ground wires, grounded power conductors, and trailing cables.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.113, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3900 Metal pipelines

Metal pipelines 1,000 feet or more in length along haulage roads where grounded return circuits are used shall be bonded to the return at the ends and at intervals not exceeding 500 feet.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.114, eff. July 19, 1989.

4VAC25-40-3910 Insulation of power lines

Power lines shall be well separated or insulated from waterlines, telephone lines, and air lines.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.115, eff. July 19, 1989.

4VAC25-40-3920 Fastening power cables

Power cables in shafts and boreholes shall be fastened securely in such manner as to prevent undue strain on the sheath, insulation, or conductors.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.116, eff. July 19, 1989.

4VAC25-40-3930 Disconnecting switches

Disconnecting switches that can be opened safely under load shall be provided underground at all primary power circuits near shafts, levels, and boreholes. Disconnecting switches shall be installed underground in all main power circuits within approximately 500 feet of the bottoms of shafts and boreholes, and at other places where main power circuits enter the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.117, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3940 Transformer stations

Transformer stations shall be enclosed to prevent persons from unintentionally or inadvertently contacting energized parts.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.118, eff. July 19, 1989.

4VAC25-40-3950 Trolley feeder wires

Trolley and trolley feeder wires shall be installed opposite the clearance side of haulageways.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.119, eff. July 19, 1989.

4VAC25-40-3955 Fire precautions in transportation of mining equipment

A. Prior to moving or transporting any unit of off-track mining equipment in areas of the active workings where energized trolley wires or trolley feeder wires are present:

The unit of equipment shall be examined by a certified person to ensure that accumulation of oil, grease, and other combustible materials have been removed from such unit of equipment; and
A qualified person shall examine the trolley wires, trolley feeder wires, and the associated automatic circuit interrupting devices to ensure that proper short circuit protection exists.

B. A record shall be kept of the examinations and shall be made available, upon request, to the director.

C. Off-track mining equipment shall be moved or transported in areas of the active workings where energized trolley wires or trolley feeder wires are present only under the direct supervision of a certified person who shall be physically present at all times during moving or transporting such equipment.

D. The frames of off-track mining equipment being moved or transported in accordance with this section shall be covered on the top and on the trolley wire side with fire-resistant material, where appropriate, as determined by the director.

E. Electrical contact shall be maintained between the mine track and the frames of off-track mining equipment being moved in-track and trolley entries, except that rubber-tired equipment need not be grounded to a transporting vehicle if no metal part of such rubber-tired equipment can come into contact with the transporting vehicle.

F. To avoid accidental contact with power lines, the equipment being transported or trammed shall be insulated or assemblage removed, if necessary, if the clearance to the power lines is six inches or less.

G. Sufficient prior notice shall be given the department so that a mine inspector may travel the route of the move before the actual move is made, if he deems it necessary.

H. A minimum vertical clearance of 12 inches shall be maintained between the farthest projection of the unit of equipment which is being moved and the energized trolley wires or trolley feeder wires at all times during the movement or transportation of such equipment. If the height of the seam of minerals does not permit 12 inches of vertical clearance to be so maintained, the following additional precautions shall be taken:

Electric power shall be supplied to the trolley wires or trolley feeder wires only from out by the unit of equipment being moved or transported. Where direct current electric power is used and such electric power can be supplied only from the equipment being moved or transported, power may be supplied from such equipment if a miner with the means to cut off the power, and in direct communication with persons actually engaged in the moving or transporting operation, is stationed out by the equipment being moved;
The settings of automatic circuit interrupting devices used to provide short circuit protection for the trolley circuit shall be reduced to not more than one-half of the maximum current that could flow if the equipment being moved or transported were to come into contact with the trolley wire or trolley feeder wire;
At all times the unit of equipment is being moved or transported, a miner shall be stationed at the first automatic circuit breaker out by the equipment being moved. Such miner shall be in direct communication with persons actually engaged in the moving or transporting operation and capable of communicating with the authorized person on the surface required to be on duty;
Where trolley phones are utilized to satisfy the requirements of subsection C of this section, telephones or other equivalent two-way communication devices that can readily be connected with the mine communication system shall be carried by the miner stationed at the first automatic circuit breaker out by the equipment being moved and by a miner actually engaged in the moving or transporting operation; and
No person shall be permitted to be in by the unit of equipment being moved or transported, in the ventilating current of air that is passing over such equipment, except those persons directly engaged in moving such equipment. The provisions of this section shall not apply to units of mining equipment that are transported in mine cars, provided that no part of the equipment extends above or over the sides of the mine car.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3958 Use of track as electrical power conductor

The following standards shall apply where track is used as a power conductor:

Both rails of main line tracks shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet. If the rails are paralleled with a feeder circuit of like polarity, such paralleled feeder shall be bonded to the track rails at intervals of not more than 1,000 feet.
At least one rail on secondary track haulage roads shall be welded or bonded at every joint, and cross bonds shall be installed at intervals of not more than 200 feet.
Track switches on entries shall be well-bonded.
Rails shall not be used as power conductors in rooms.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3960 Splices in trailing cables

Not more than five splices shall be made in any trailing cable unless they are vulcanized.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.120, eff. July 19, 1989.

4VAC25-40-3970 Machines not using cable reels

On machines not using cable reels, no splices shall be present in the first 25 feet of trailing cable adjacent to the equipment.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.121, eff. July 19, 1989.

Article 8 Personal Protection

4VAC25-40-3980 Welding operations

Welding operations shall be shielded and well-ventilated.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.122, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-3990 Self-rescue requirements

Each mine having underground workings shall submit to the division a plan for the number, type, and location(s) of self-rescue devices sufficient for the number of persons working underground and the hazards particular to the underground workings of the mine. At a minimum, a one hour filter self-rescue device approved by the MSHA shall be made available by the operator to all personnel underground. The filter self-rescue devices shall be maintained in good condition by a daily visual check and weighing of the devices every six months, with maintenance records kept.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.123, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4000 Requirements for self-rescue devices

Use of self-rescue devices shall meet the following standards:

Except as otherwise provided in this section, self-rescue devices meeting the requirements of 4VAC25-40-3990 shall be worn or carried by all persons underground;
Where the wearing or carrying of self-rescue devices meeting the requirements of 4VAC25-40-3990 is hazardous to a person, such self-rescue devices shall be located at a distance no greater than 25 feet from such person; and
Where a person works on or around mobile equipment, self-rescue devices may be placed in a readily accessible location on such equipment.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.124, eff. July 19, 1989.

4VAC25-40-4010 Landing shaft conveyances

Chairs should be use to land shaft conveyances when heavy supplies or equipment are being handled.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.125, eff. July 19, 1989.

4VAC25-40-4020 Individual lamps to be carried

Individual electric lamps shall be carried for illumination by all persons underground.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.126, eff. July 19, 1989.

4VAC25-40-4030 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.127, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

4VAC25-40-4040 Inspections to follow fire or explosion

In the event of a mine fire or an explosion, operations shall not be resumed until such mine or portion of such mine has been inspected and pronounced safe by a state mine inspector.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.128, eff. July 19, 1989.

4VAC25-40-4050 (Repealed.)

History

Historical Notes: Derived from VR480-05-1.2 § 15.129, eff. July 19, 1989; repealed, Virginia Register Volume 29, Issue 25, eff. September 26, 2013.

Article 9 Safety Program

4VAC25-40-4060 Mine emergency and self-rescue training

A. On an annual basis, all persons who are required to go underground shall receive applicable mine emergency training. Training shall include instruction on emergency procedures at the mine and mine emergency recognition.

B. On an annual basis, all persons who are required to go underground shall be instructed in the use of the individual self-rescue device provided to them. The instruction shall be given by a competent person using a training model of the same type as the self-rescue device provided to the employee.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.130, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009; Volume 42, Issue 8, eff. January 15, 2026.

4VAC25-40-4061 Mine rescue stations

Mines employing 75 or more persons underground shall either:

Maintain a mine rescue station equipped with at least 10 self-contained oxygen breathing apparatus, each with a minimum of two hours capacity, along with adequate supplies and spare parts; or
Affiliate with central or cooperative mine rescue stations that can provide two fully equipped mine rescue teams in the event of an emergency. Such affiliations shall be in writing and must be approved annually by the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4062 Rescue apparatus

Mine rescue apparatus shall be acceptable to the MSHA or other approved agency and shall be properly maintained for immediate use. The equipment shall be tested at least once a month and records kept of the tests for at least one year.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4063 Rescue crews to be provided

At any mine employing 75 or more persons underground, at least two rescue crews of five persons each shall be trained at least annually in the use, care, and limitations of self-contained oxygen breathing and firefighting apparatus and in mine rescue procedures. The training shall be given by division personnel or by persons approved to give such instruction. Rescue crews shall include supervisory and key personnel familiar with all mine installations that could prove vital to firefighting and rescue operations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4064 Alternative mine rescue capability

Mines employing fewer than 75 persons underground shall maintain mine rescue capabilities as described in 4VAC25-40-4061 through 4VAC25-40-4063, or the operator may request in writing and obtain approval from the director for an alternative mine rescue capability. Such alternative mine rescue plans shall be subject to annual review and approval.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4065 Mine evacuation drills

Mine evacuation drills shall be held for each shift once every six months. These evacuation drills shall involve all employees each shift and shall include:

Activation of the fire alarm system; and
Evacuation of all persons from their work areas to the surface or to designated central evacuation points at some time other than a shift change.

Records of such drills, showing the time and date, shall be kept for at least two years after each drill.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4066 Instruction in escape plans

All persons who work underground shall be instructed at least once each calendar year on current escape and evacuation plans, fire alarm signals, and applicable procedures to be followed in case of fire or other emergency. New employees shall receive such instructions before going underground. Whenever an employee is assigned to work in another area of the mine, he shall be instructed on the escapeway for that area at the time of such assignment. However, employees who normally work in more than one area of the mine shall be instructed at least once each calendar year in the location of escapeways for all areas of the mine in which they normally work or travel. Whenever a change is made in escape and evacuation plans and procedures for any area of the mine, all affected employees shall be instructed of such change. Records of instruction shall be kept for two years.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

Article 10 Personnel Hoisting

4VAC25-40-4070 Capacities of hoists

Hoists shall have rated capacities consistent with the loads handled and the recommended safety factors of the ropes used.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.131, eff. July 19, 1989.

4VAC25-40-4080 Anchoring hoists

Hoists shall be anchored securely.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.132, eff. July 19, 1989.

4VAC25-40-4090 Connecting driving mechanisms to personnel hoists

Belts, ropes, or chains shall not be used to connect driving mechanisms to personnel hoists.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.133, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4100 Brakes on personnel hoists

Any hoist used to hoist persons shall be equipped with a brake or brakes which shall be capable of holding its fully loaded cage, skip, or bucket at any point in the shaft.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.134, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4110 Personnel hoist clutches

The operating mechanism of the clutch of every personnel hoist drum shall be provided with a locking mechanism, or interlocked electrically or mechanically with the brake, to prevent accidental withdrawal of the clutch.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.135, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4120 Brakes on automatic hoists

Automatic hoists shall be provided with devices that automatically apply the brakes in the event of power failure.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.136, eff. July 19, 1989.

4VAC25-40-4130 Friction hoist overtravel protection

In a friction hoist installation, tapered guides or other acceptable devices shall be installed above and below the limits of regular travel of the conveyance and arranged to prevent overtravel in the event of failure of other devices.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.137, eff. July 19, 1989.

4VAC25-40-4140 Overtravel prevention on personnel hoists

All personnel hoists shall be provided with devices to prevent overtravel. When utilized in shafts exceeding 100 feet in depth, such hoists shall also be provided with over-speed devices.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.138, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4150 Friction hoists

Friction hoists shall be provided with synchronizing mechanisms that recalibrate the overtravel devices and position indicators to correct for rope creep or stretch.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.139, eff. July 19, 1989.

4VAC25-40-4160 Overtravel bypass switches

When an overtravel bypass switch is installed, the switch shall function so as to allow the conveyance to be moved through the overtravel position when the switch is held in the closed position by the hoist person. The overtravel bypass switch shall return automatically to the open position when released by the hoist person.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.140, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4170 Emergency braking for electric hoists

Each electric hoist shall be equipped with a manually operable switch that will initiate emergency braking action to bring the conveyance and the counterbalance safely to rest. This switch shall be located within reach of the hoist person in case the manual controls of the hoist fail.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.141, eff. July 19, 1989.

4VAC25-40-4180 Position indicators

An accurate and reliable indicator of the position of the cage skip, bucket, or cars in the shaft shall be provided.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.142, eff. July 19, 1989.

4VAC25-40-4190 Placement of hoist controls

Hoist controls shall be placed or housed so that the noise from machinery or other sources will not prevent hoist persons from hearing signals.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.143, eff. July 19, 1989.

4VAC25-40-4200 Drum flanges

Flanges on drums shall extend radially a minimum of two rope diameters and not less than four inches beyond the last wrap.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.144, eff. July 19, 1989.

4VAC25-40-4210 Drum grooves

Where grooved drums are used, the grooves shall be of the proper size and pitch for the ropes used.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.145, eff. July 19, 1989.

4VAC25-40-4220 Engine-powered hoists

Where any diesel or similar fuel injection engine is used to power a hoist, the engine shall be equipped with a damper or other cutoff in its air intake system. The control handle shall be clearly labeled to indicate that its intended function is for emergency stopping only.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.146, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4230 Standards for wire ropes

Nationally recognized standards shall be used as a guide in the selection, installation, and maintenance of wire ropes used for hoisting, except in those instances where the recommendations of this chapter are more stringent.

History

Statutory Authority: §§ 45.2-103, 45.2-1401, and 45.2-1501 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.147, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 42, Issue 8, eff. January 15, 2026.

4VAC25-40-4240 Installation of wire ropes

At installation, the nominal strength (manufacturer's published catalog strength) of wire ropes used for hoisting shall meet the minimum rope strength values obtained by the following formulas in which "L" equals the maximum suspended rope length in feet:

Winding drum ropes (all constructions, including rotation resistant):

For rope lengths less than 3,000 feet:

Minimum Value = Static Load X (7.0 - 0.001L)

For rope lengths 3,000 feet or greater:

Minimum Value = Static Load X 4.0

Friction drum ropes:

For rope lengths less than 4,000 feet:

Minimum Value = Static Load X (7.0 - 0.0005L)

For rope lengths 4,000 feet or greater:

Minimum Value = Static Load X 5.0

Tail ropes (balance ropes):

Minimum Value = Weight of Rope X 7.0

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.148, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4250 Guide ropes

If guide ropes are used in shafts for personnel hoisting applications other than shaft development, the nominal strength (manufacturer's published catalog strength) of the guide rope at installation shall meet the minimum value calculated as follows:

Minimum Value = Static Load X 5.0.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.149, eff. July 19, 1989.

4VAC25-40-4260 Wire rope examination

A. Wire rope attachments shall be replaced when cracked, deformed, or excessively worn.

B. At least once every 14 calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change of layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.

C. Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous 14 calendar days, the wire rope shall be examined in accordance with subsection B of this section.

D. At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made:

Wherever wear is evident;
Where the hoist rope rests on sheaves at regular stopping points; and
Where the hoist rope leaves the drum at regular stopping points and at drum crossover and change of layer regions.

E. At the completion of each examination required by subsections B, C and D of this section, the person making the examination shall certify by signature and date that the examination has been made. If any condition listed in subsection B of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.

F. The person making the measurements or nondestructive tests as required by subsection D of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.150, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998; Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4270 Requirements for rope ends

The end of the rope at the drum shall make at least one full turn on the drum shaft, or a spoke of the drum in the case of a free drum, and shall be fastened securely by means of rope clips or clamps. There shall be three full turns of cable or rope on the hoisting drum when the cable or rope is extended to its maximum working length. This standard does not apply to friction hoists.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.151, eff. July 19, 1989.

4VAC25-40-4280 Load end attachment

The rope shall be attached to the load by the thimble and clip method, the socketing method, or other approved method. If the socketing method is employed, zinc or its equivalent shall be used. The use of Babbitt metal or lead for socketing wire ropes is prohibited. If the thimble and clip method is used, the following shall be observed:

The rope shall be attached to the load by passing one end around an oval thimble that is attached to the load bending the end back so that it is parallel to the long or "live" end of the rope and fastening the two parts of the rope together with clips.
The u-bolt of each clip shall encircle the short or "dead" end of the rope and the distance between clips shall not be less than the figures given in the accompanying table.
As a minimum, the following number of clips or equivalent shall be used for various diameters of six-strand 19-wire plow steel ropes:

| Diameter of rope, inches | Number of clips | Center to center spacing of clips, inches | | --- | --- | --- | | 3/4 | 4 | 4-1/2 | | 7/8 | 4 | 5-1/4 | | 1 | 4 | 6 | | 1-1/8 | 5 | 6-3/4 | | 1-1/4 | 5 | 7-1/2 | | 1-3/8 | 6 | 8-1/4 | | 1-1/2 | 6 | 9 | | 1-5/8 | 6 | 9-3/4 | | 1-3/4 | 7 | 10-1/2 | | 1-7/8 | 8 | 11-1/4 | | 2 | 8 | 12 | | 2-1/8 | 8 | 13 | | 2-1/4 | 8 | 14 |

Follow manufacturer's recommendations for other kinds of wire, rope and clips.

For all ropes less than 3/4 inch in diameter, at least four clips or equivalent shall be used.
When special conditions require the attachment of a sling to the hoisting cable to handle equipment in the shaft, the sling shall be attached by clips or equivalent in accordance with the table in subdivision 3 of this section.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.152, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4290 New ropes

New ropes shall be broken in according to the manufacturer's recommendations.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.153, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4300 Safety device attachments

Safety device attachments to hoist ropes shall be selected, installed and maintained according to manufacturer's specifications to minimize internal corrosion and weakening of the hoist rope.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.154, eff. July 19, 1989.

4VAC25-40-4310 Secondary safety connections

Where possible, conveyances attached to single ropes used to hoist persons shall be provided with secondary safety connections.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.155, eff. July 19, 1989.

4VAC25-40-4320 Headframes and sheaves

Headframes and sheaves shall be designed and constructed to withstand pulls by the hoists greater than the breaking strengths of the hoist ropes.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.156, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4330 Clearance requirements

Headframes shall be high enough to provide at least 15 feet of clearance between the bottom of the sheave or drum and the uppermost part of the highest rope connection of the conveyance when the conveyance is at its uppermost person-landing area.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.157, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4340 Fleet angles

Fleet angles shall not exceed 1 ½°.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.158, eff. July 19, 1989.

4VAC25-40-4350 Platforms

Platforms with toe-boards and handrails shall be provided around elevated head sheaves.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.159, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4360 Diameter specifications

Diameters of head sheaves and hoist drums shall conform to the following specifications:

| Rope construction | Diameter of sheave and drum | | | --- | --- | --- | | Recommended Times rope diameter | Minimum Times rope diameter | | | 6 x 7 classification | 72 | 42 | | 6 x 19 | 45 | 30 | | 6 x 37 | 20 | 18 | | 6 x 25 type B, flattened strand | 45 | 30 | | 6 x 27 type H, flattened strand | 45 | 30 | | 6 x 30 type G, flattened strand | 45 | 30 | | 18 x 7 classification | 51 | 34 |

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.160, eff. July 19, 1989.

4VAC25-40-4370 Support grooves

Head, idler, knuckle, and curve sheaves shall have grooves that support the ropes properly. Before installing new ropes, the grooves shall be inspected and, where necessary, machined to the proper contour and the proper groove diameter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.161, eff. July 19, 1989.

4VAC25-40-4380 Metal bonnets

Man cages and skips used for hoisting or lowering employees or other persons in any vertical shaft or any incline shaft with an angle of inclination of 45° from the horizontal, shall be covered with a metal bonnet.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.162, eff. July 19, 1989.

4VAC25-40-4390 Use of buckets to hoist persons

Buckets shall not be used to hoist persons except during shaft sinking operations, inspection, maintenance, and repairs.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.163, eff. July 19, 1989.

4VAC25-40-4400 Specifications for buckets used to hoist persons

Buckets used to hoist persons during shaft sinking operations shall be provided with adequate guide ropes and shall have crossheads equipped with safety catches and protective bonnets when the shaft depth exceeds 50 feet.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.164, eff. July 19, 1989; amended, Virginia Register Volume 25, Issue 20, eff. July 8, 2009.

4VAC25-40-4410 Ratings for ropes suspending platforms

In shaft sinking where a platform is suspended by wire ropes, such ropes shall have an approved rating for the suspended load.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.165, eff. July 19, 1989.

4VAC25-40-4420 Rope guides

Where rope guides are used in shafts, they shall be of locked coil construction.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.166, eff. July 19, 1989.

4VAC25-40-4430 Use of manually-operated hoists

When a manually-operated hoist is used, a hoist person approved by the director shall remain within hearing of the telephone or signal device at all times while any person is underground.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.167, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4440 Use of automatic hoists

When automatic hoisting is used, a hoist person approved by the director shall be in attendance on the premises while any person is underground.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.168, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4450 Fitness requirements for hoist persons

Hoist persons shall be physically fit and shall undergo yearly examinations to determine their continued fitness; certification to this effect shall be available at the mine.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.169, eff. July 19, 1989.

4VAC25-40-4460 Competency of hoist persons

Only hoist persons approved by the director shall operate the hoist except in cases of emergency and in the training of new hoist persons.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.170, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4470 Use of extreme caution

Hoist persons shall use extreme caution when hoisting or lowering persons.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.171, eff. July 19, 1989.

4VAC25-40-4480 Speed for hoisting persons

The safe speed for hoisting persons in a cage shall be determined for each shaft, and this speed shall not be exceeded. Persons shall not be hoisted at a speed faster than 2,500 feet per minute, except in an emergency.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.172, eff. July 19, 1989.

4VAC25-40-4490 Maximum speeds

Maximum acceleration and deceleration shall not exceed six feet per second.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.173, eff. July 19, 1989.

4VAC25-40-4500 Authorized persons

Only authorized persons shall be in hoist rooms.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.174, eff. July 19, 1989.

4VAC25-40-4510 Balancing cages

Balancing of cages shall not be done while persons are on cages.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.175, eff. July 19, 1989.

4VAC25-40-4520 Lowering conveyances by brakes

Conveyances shall not be lowered by the brakes alone except during emergencies.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.176, eff. July 19, 1989.

4VAC25-40-4530 Maximum number of persons to ride

The director shall designate the maximum number of persons permitted to ride on a trip at one time; this limit shall be posted on each landing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.177, eff. July 19, 1989.

4VAC25-40-4540 Persons in charge

Authorized persons shall be in charge of all mantrips.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.178, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4550 Conduct on conveyances

Persons shall enter, ride, and leave conveyances in an orderly manner.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.179, eff. July 19, 1989.

4VAC25-40-4560 Moving conveyances

Persons shall not enter or leave conveyances which are in motion or after a signal to move the conveyance has been given to the hoist person.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.180, eff. July 19, 1989.

4VAC25-40-4570 Doors to be closed

Cage doors or gates shall be closed while persons are being hoisted; they shall not be opened until the cage has come to a stop.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.181, eff. July 19, 1989.

4VAC25-40-4580 Riding in loaded buckets

Persons shall not ride in skips, or buckets with muck, supplies, materials, or tools other than small hand tools.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.182, eff. July 19, 1989.

4VAC25-40-4590 When skips shall be empty

When combinations of cages and skips are used, the skips shall be empty while persons are being transported.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.183, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4600 Hoisting rock or supplies

Rock or supplies shall not be hoisted in the same shaft as persons during shift changes, unless the compartments and dumping bins are partitioned to prevent spillage into the cage compartment.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.184, eff. July 19, 1989.

4VAC25-40-4610 Limitations on riding shaft conveyance

Persons shall not ride the bail, rim, or bonnet of any shaft conveyance, except where necessary for the inspection and maintenance of the shaft and lining.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.185, eff. July 19, 1989.

4VAC25-40-4620 Open hooks

Open hooks shall not be used to hoist buckets or other conveyances.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.186, eff. July 19, 1989.

4VAC25-40-4630 Speeds for open buckets

When persons are hoisted in an open bucket, speeds shall not exceed 500 feet a minute and shall not exceed 200 feet a minute when within 100 feet of a landing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.187, eff. July 19, 1989.

4VAC25-40-4640 Where buckets to be stopped on lowering

Buckets shall be stopped about 15 feet from the shaft bottom to await a signal from one of the crew on the bottom for further lowering.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.188, eff. July 19, 1989.

4VAC25-40-4650 Where buckets to be stopped on raising

Buckets shall be stopped after being raised three feet when persons are hoisted from the bottom; a second hoisting signal shall be given after the bucket has been stabilized. Hoisting shall be at a minimum speed and the bell cord shall be attended constantly until the crosshead has been engaged.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.189, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4660 Blocking cars

Where mine cars are hoisted by cage or skip, means for blocking cars shall be provided at all landings and also on the cage.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.190, eff. July 19, 1989.

4VAC25-40-4670 Securing materials in buckets

When tools, timbers, or other materials are being lowered or raised in a shaft by means of a bucket, skip, or cage, they shall be secured or so placed that they will not strike the sides of the shaft.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.191, eff. July 19, 1989.

4VAC25-40-4680 Placement of conveyances not in use

Conveyances not in use shall be released and raised or lowered at least 10 feet from the floor of the landing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.192, eff. July 19, 1989.

4VAC25-40-4690 Signaling between stations and hoist room

There shall be at least two effective approved methods of signaling between each of the shaft stations and the hoist room, one of which shall be a telephone or speaking tube.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.193, eff. July 19, 1989.

4VAC25-40-4700 When telephone instructions are acceptable

Hoist persons shall not accept hoisting instructions by telephone unless the regular signaling systems are out of order. During such an emergency, one person shall be designated to direct movement of the conveyance.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.194, eff. July 19, 1989.

4VAC25-40-4710 Signals to hoist operator

A method shall be provided to signal the hoist operator from cages or other conveyances at any point in the shaft.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.195, eff. July 19, 1989.

4VAC25-40-4720 Standard hoisting signals

A standard code of hoisting signals shall be adopted and used each mine.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.196, eff. July 19, 1989.

4VAC25-40-4730 Posting of signal codes

A legible signal code shall be posted prominently in the hoist house within easy view of the hoist persons and at each place where signals are given or received.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.197, eff. July 19, 1989.

4VAC25-40-4740 Positioning signal devices

Hoisting signal devices shall be positioned within easy reach of persons on the shaft bottom or constantly attended by a person stationed on the lower deck of the sinking platform.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.198, eff. July 19, 1989.

4VAC25-40-4750 Qualifications of persons giving signals

Any person responsible for receiving or giving signals for cages, skips, and mantrips when persons or materials are being transported shall be familiar with the posted signaling code.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.199, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4760 Safety gates on landings

Shaft landings shall be equipped with substantial safety gates so constructed that materials will not go through or under them; gates shall be closed except when loading or unloading shaft conveyances.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.200, eff. July 19, 1989.

4VAC25-40-4770 Stop blocks or derail switches

Positive stop blocks or a derail switch shall be installed on all tracks leading to a shaft collar or landing.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.201, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4780 Where guides to be provided

Guides shall be provided in each hoisting compartment in shafts inclined more than 45° from the horizontal.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.202, eff. July 19, 1989.

4VAC25-40-4790 Construction of dumping facilities

Dumping facilities and loading pockets shall be constructed so as to minimize spillage into the shaft.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.203, eff. July 19, 1989.

4VAC25-40-4800 Shaft station clearance requirements

Adequate clearance shall be maintained at shaft stations to allow persons to pass safely and to allow materials to be handled safely.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.204, eff. July 19, 1989.

4VAC25-40-4810 Safe passage around compartments

A safe means of passage around open shaft compartments shall provided on landings with more than one entrance to the shaft.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.205, eff. July 19, 1989.

4VAC25-40-4820 Maintaining shaft sets

Shaft sets shall be kept in good repair and clean of hazardous material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.206, eff. July 19, 1989.

4VAC25-40-4830 Persons working in shafts

Hoist personnel shall be informed when persons are working in a compartment affected by that hoisting operation and a "Persons Working in Shaft" sign shall be posted at the hoist.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.207, eff. July 19, 1989.

4VAC25-40-4840 Posting of signs

When persons are working in a shaft, "Persons Working in Shaft" signs shall be posted at all devices controlling hoisting operations that may endanger such persons.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.208, eff. July 19, 1989.

4VAC25-40-4850 Performing inspections and repairs

Shaft inspection and repair work in vertical shafts shall be performed from substantial platforms equipped with bonnets or equivalent overhead protection.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.209, eff. July 19, 1989.

4VAC25-40-4860 Bulkheads or equivalent protection

A substantial bulkhead or equivalent protection shall be provided above persons at work deepening a shaft.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.210, eff. July 19, 1989.

4VAC25-40-4870 Ladders in shafts

Substantial fixed ladders shall be maintained as near the shaft bottom as practical during shaft sinking operations. Chain, wire rope, or other extension ladders shall be used from the fixed ladder to the shaft bottom, unless other suitable means are approved.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.211, eff. July 19, 1989.

4VAC25-40-4880 Inspection and testing procedures

A systematic procedure of inspection, testing, and maintenance of shaft and hoisting equipment shall be developed and followed. If it is found or suspected that any part is not functioning properly, the hoist shall not be used until the malfunction has been located and repaired or adjustments have been made.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.212, eff. July 19, 1989.

4VAC25-40-4890 Records to be kept

Complete records shall be kept of installation, lubrication, inspection, tests, and maintenance of shafts and hoisting equipment.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.213, eff. July 19, 1989.

4VAC25-40-4900 Replacement parts

Parts used to repair hoists shall have properties equal to or better than the original parts; replacement parts shall be designed to fit the original installation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.214, eff. July 19, 1989.

4VAC25-40-4910 Lubrication of ropes

Ropes shall be kept well-lubricated from end to end as recommended by the manufacturer.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.215, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4920 Cutting of ropes for inspections

On other than friction hoists, ropes shall be cut off and reconnected to the conveyance as often as necessary to ensure adequate inspection of rope condition and to distribute wear of the rope. At least six feet shall be cut from the rope above the highest connection; this portion shall be examined carefully for corrosion, damage, wear, and fatigue by the rope manufacturer or an acceptable agency.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.216, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4930 Cutting of ropes to distribute wear

Hoisting ropes wound in multiple layers shall be cut off and repositioned on the drum at regular intervals as necessary to distribute wear of the rope. The length of cutoff at the drum end should not be an even multiple of the circumference of the drum.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.217, eff. July 19, 1989.

4VAC25-40-4940 Ropes to be calipered

Ropes shall be calipered at regular interval as necessary to effectively determine the rate of wear and damage. Caliper measurements shall be taken immediately above the socket or clips and above the safety connection.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.218, eff. July 19, 1989.

4VAC25-40-4950 Electromagnetic or other nondestructive testing

Electromagnetic or other nondestructive rope testing systems shall be used only as supplements to, and not as substitutes for, recommended inspection and tests.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.219, eff. July 19, 1989.

4VAC25-40-4960 Substandard ropes

Ropes shall not be used for hoisting when they have:

More than six broken wires in any lay; and
Crown wires worn to less than 65% of the original diameter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.220, eff. July 19, 1989.

4VAC25-40-4970 Testing on each shift

Hoist persons shall examine their hoists and shall test overtravel, dead man controls, position indicators, and braking mechanisms at the beginning of each shift.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.221, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4980 Testing with empty conveyances

Empty conveyances shall be operated up and down shafts at least one round trip before hoisting persons after any shaft or equipment repairs and before regular mantrips are hoisted or lowered.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.222, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-4990 Inspection of ropes and connections

Rope and conveyance connections to conveyances shall be inspected daily.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.223, eff. July 19, 1989.

4VAC25-40-5000 Inspection of safety catches

Safety catches shall be inspected daily; drop tests shall be made at the time of installation. Every two months the cage shall be rested on chairs or proper blocking to check the operation or activation of the safety catches by allowing the rope to slacken suddenly.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.224, eff. July 19, 1989.

4VAC25-40-5010 Inspection of shafts

Shafts shall be inspected at least weekly.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.225, eff. July 19, 1989.

4VAC25-40-5020 Inspection of sheaves

Sheaves shall be inspected daily and kept properly lubricated.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.226, eff. July 19, 1989.

4VAC25-40-5030 Lubrication of rollers

Rollers used in inclined shafts shall be lubricated properly and kept in good repair.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.227, eff. July 19, 1989.

4VAC25-40-5040 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 §§ 15.228, 15.229, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Article 11 Gassy Mines

4VAC25-40-5060 Gassy mines

A mine shall be deemed gassy and thereafter operated as a gassy mine if:

Flammable gas emanating from the ore body or the strata surrounding the ore body has been ignited in the mine;
A concentration of 0.25% or more, by air analysis, of flammable gas emanating only from the ore body or the strata surrounding the ore body has been detected not less than 12 inches from the back, face, or ribs in any open workings; or
The mine is connected to a gassy mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.230, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5070 Effect of detection of flammable gases

Flammable gases detected only while draining mines or flooded sections of mines, or during other mine reclamation operations, shall not be used to permanently classify a mine gassy. During such periods that any flammable gas is present in the mine, the gassy area of the mine shall be operated in accordance with appropriate standards in this article.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.231, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5080 Smoking materials prohibited

Persons shall not smoke or carry smoking materials, matches, or lighters underground. The operator shall institute a reasonable program to ensure that persons entering the mine do not carry smoking materials, matches, or lighters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.232, eff. July 19, 1989.

4VAC25-40-5090 Use of open flames

Except when necessary for welding or cutting, open flames shall not be used in other than fresh air or in places where flammable gases are present or may enter the air current.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.233, eff. July 19, 1989.

4VAC25-40-5100 Supervision of use of open flames

Welding or cutting with arc or flame underground in other than fresh air, or in places where flammable gases are present or may enter the air current, shall be under the direct supervision of a qualified person who shall test for flammable gases before and frequently during such operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.234, eff. July 19, 1989.

4VAC25-40-5110 Limit on percentage of gases

Welding or cutting shall not be performed in atmospheres containing more than 1.0% of flammable gases.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.235, eff. July 19, 1989.

4VAC25-40-5120 Installation of main fans

Main fans shall be:

Installed on the surface;
Powered electrically from a circuit independent of the mine power circuit. Internal combustion engines shall be used only for standby power or where electrical power is not available;
Installed in fireproof housing provided with fireproof air ducts;
Offset not less than 15 feet from the nearest side of the mine opening and equipped with ample means of pressure relief unless:

a. The opening is not in direct line with forces which would come out of the mine should an explosion occur; and

b. Another opening not less than 15 feet nor more than 100 feet from the fan opening is equipped with a weak wall stopping or explosion doors in direct line with the forces which would come out of the mine should an explosion occur;

Installed to permit prompt reversal of airflow; and
Attended constantly or provided with automatic devices to give alarm when the fans slow down to stop. Such devices shall be placed so they will be seen or heard by responsible persons.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.236, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5130 Operation of main fans

Main fans shall be:

Operated continuously except when the mine is shut down for an extended period;
Provided with pressure-recording gauges; and
Inspected daily and records kept of such inspections and of fan maintenance.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.237, eff. July 19, 1989.

4VAC25-40-5140 Intakes and returns

The main intake and return air currents in mines shall be in separate shafts, slopes, or drifts.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.238, eff. July 19, 1989.

4VAC25-40-5150 Single shaft intakes and returns

When single shafts are used for intake and return, the curtain wall or partition shall be constructed of reinforced concrete or equivalent and provided with pressure relief devices.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.239, eff. July 19, 1989.

4VAC25-40-5160 Failure of fans

When a main fan fails or stops and ventilation is not restored in a reasonable time, action shall be taken to cut off the power to the areas affected and to withdraw all persons from such areas.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.240, eff. July 19, 1989.

4VAC25-40-5170 Failure of ventilation

When there has been a failure of mine ventilation other than a failure of a main fan as described in 4VAC25-40-5160, the operator shall:

Withdraw all persons from the unventilated active areas; and
De-energize the power in unvented active areas. The power shall not be restored or persons permitted to reenter the affected active areas until a certified foreman has determined that the flammable gas concentration in such active areas is less than 1.0%.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.241, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5180 Inspection after ventilation failure

When ventilation is not restored in a reasonable time, all persons shall be removed from the affected areas; after ventilation has been restored, the areas affected shall be examined by a certified foreman for gas and other hazards and made safe before power is restored and before persons, other than the examiners and other authorized persons, return to the areas affected.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.242, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5190 Access of personnel after fan shutdown

When the main fan or fans have been shut down with all persons out of the mine, no person, other than the certified foreman, shall go underground until the fans have been started and the mine examined for gas and other hazards and declared safe.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.243, eff. July 19, 1989.

4VAC25-40-5200 Operation of booster fans

Booster fans shall be:

Operated by permissible drive units maintained in permissible condition;
Operated only in air containing less than 1.0% flammable gas; and
Kept in continuous operation when persons are in active areas of the mine affected by such fans.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.244, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5210 Equipping booster fans

Booster fans shall be:

Provided with an automatic signal device to give warning or alarm should the fan system malfunction. The signal device shall be so located that it can be seen or heard by a responsible person at all times when persons are underground;
Equipped with a device that automatically de-energizes the power in unventilated active areas should the fan system malfunction; and
Equipped with two sets of controls capable of starting, stopping, and reversing the fans. One set of controls shall be located at the fans. A second set of controls shall be at another location remote from the fans.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.245, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5220 Installation and operation of auxiliary fans

Auxiliary fans shall be:

Installed and operated in permissible condition; and
Operated only in air containing not more than 1.0% flammable gas.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.246, eff. July 19, 1989.

4VAC25-40-5230 Inspection of auxiliary fans

Auxiliary fans shall be inspected by persons approved by the director at least twice each shift.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.247, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5240 Failure of auxiliary fans

Persons shall be withdrawn from areas affected by auxiliary or booster fans when such fans slow down or stop.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.248, eff. July 19, 1989.

4VAC25-40-5250 Volume and velocity of air current

The volume and velocity of the current of air coursed through all active areas shall be sufficient to dilute and carry away flammable gases, smoke and fumes.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.249, eff. July 19, 1989.

4VAC25-40-5260 Quantity of air standards

The quantity of air coursed through the last open crosscut in pairs or sets of entries, or through other ventilation openings nearest the face, shall be at least 6,000 cubic feet a minute.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.250, eff. July 19, 1989.

4VAC25-40-5270 Measurement of air quantities

At least once each week, a certified foreman shall measure the volume of air entering the main intakes and leaving the main returns, the volume of the intake and return of each split, and the volume through the last open crosscuts or other ventilation openings nearest the active faces. Records of such measurements shall be kept in a book on the surface.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.251, eff. July 19, 1989.

4VAC25-40-5280 Ventilation of battery-charging and transformer stations

Permanently installed battery-charging and transformer stations shall be ventilated by separate splits of air conducted directly to return air courses.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.252, eff. July 19, 1989.

4VAC25-40-5290 Intake air for pumps and compressors

Electrically-operated pumps, compressors, and portable substations shall be in intake air.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.253, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5300 Changes in ventilation

Changes in ventilation that materially affect the main air current or any split thereof and may affect the safety of persons in the mine shall be made only when the mine is idle. Only those persons engaged in making such changes shall be permitted in the mine during the change. Power shall be removed from the areas affected by the change before work starts and not restored until the effect of the change has been ascertained and the affected areas determined to be safe by a certified foreman.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.254, eff. July 19, 1989.

4VAC25-40-5310 Adjustments in ventilation

If flammable gas in excess of 1.0% by volume is detected in the air not less than 12 inches from the back, face and rib of an underground active area, or in air returning from an area or areas, adjustments shall be made in the ventilation immediately so that the concentration of flammable gas in such air is reduced to 1.0% or less.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.255, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5320 Detection of flammable gas

If 1.5% or higher concentration of flammable gas is detected in air returning from an underground area or areas, the persons shall be withdrawn and the power cut off to the portion of the mine endangered by such flammable gas until the concentration of such gas is reduced to 1.0% or less.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.256, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5330 Use of air passing by opening of unsealed abandoned area to ventilate

Air that has passed by an opening of any unsealed abandoned area and contains 0.25% or more of flammable gas shall not be used to ventilate working areas. Examinations of such air shall be conducted during the preshift examinations required by 4VAC25-40-5510.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.257, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5340 Use of air passing through abandoned panels to ventilate

Air that has passed through an abandoned panel or area which is inaccessible or unsafe for inspection shall not be used to ventilate any working area in such mine. No air which has been used to ventilate any area from which the pillars have been removed shall be used to ventilate any working area in such mine, except that such air, if it does not contain 0.25% by volume or more of methane, may be used to ventilate enough advancing working areas immediately adjacent to the line of retreat to maintain an orderly sequence of pillar recovery on a set of entries.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.258, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5350 Abandoned areas to be sealed

Abandoned areas shall be sealed or ventilated; areas that are not sealed shall be barricaded and posted against unauthorized entry.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.259, eff. July 19, 1989.

4VAC25-40-5360 Construction of seals

Seals shall be of substantial construction. Exposed surfaces shall be made of fire-resistant material, or, if the commodity mined is combustible, seals shall be made of incombustible material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.260, eff. July 19, 1989.

4VAC25-40-5370 Fitting of seals for atmosphere sampling and pressure measurement

One or more seals of every sealed area shall be fitted with a pipe and a valve or cap to permit sampling of the atmosphere and measurement of the pressure behind such seals.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.261, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5380 Crosscut intervals

Crosscuts shall be made at intervals not in excess of 100 feet between entries and between rooms.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.262, eff. July 19, 1989.

4VAC25-40-5390 Closing crosscuts

Crosscuts shall be closed when necessary to provide adequate face ventilation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.263, eff. July 19, 1989.

4VAC25-40-5400 Line brattices

Line brattices or other suitable devices shall be installed from the last open crosscut to a point near the face to ensure positive air flow to the face of every active underground working area, unless the director or his authorized representative permits an exception to this requirement.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.264, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5410 Composition of brattices

Brattice cloth shall be of flame-resistant material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.265, eff. July 19, 1989.

4VAC25-40-5420 Damaged brattices

Damaged brattices shall be repaired promptly.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.266, eff. July 19, 1989.

4VAC25-40-5430 Crosscuts at abandoned rooms

Crosscuts shall be provided, where practicable, at or near the faces of entries and rooms before they are abandoned.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.267, eff. July 19, 1989.

4VAC25-40-5440 Where entries or rooms to be started

Entries or rooms shall not be started off entries beyond the last open crosscuts, except that room necks and entries not to exceed 18 feet in depth may be turned off entries beyond the last open crosscuts if such room necks or entries are kept free of accumulations of flammable gas by use of line brattice or other adequate means.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.268, eff. July 19, 1989.

4VAC25-40-5450 Construction specifications for stoppings

Stoppings in crosscuts between intake and return airways, other than room entries, shall be built of solid, substantial material; exposed surfaces shall be made of fire-resistant material, or if the material mined is combustible, stoppings shall be made of incombustible material.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.269, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5460 Airtight stoppings

Stoppings shall be reasonably airtight.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.270, eff. July 19, 1989.

4VAC25-40-5470 Installation of air locks

The main ventilation shall be so arranged by means of air locks, overcasts, or undercasts that the passage of trips or persons does not cause interruptions of air currents. Where air locks are impractical, single doors may be used if they are attended constantly while the areas of the mine affected by the doors are being worked, unless they are operated mechanically or are self-closing.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.271, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5480 Ventilation of air locks

Air locks shall be ventilated sufficiently to prevent accumulations of flammable gas inside the locks.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.272, eff. July 19, 1989.

4VAC25-40-5490 Doors to be kept closed

Doors shall be kept closed except when persons or equipment passing through the doorways.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.273, eff. July 19, 1989.

4VAC25-40-5500 Overcasts and undercasts

Overcasts and undercasts shall be:

Constructed tightly of incombustible material;
Of sufficient strength to withstand possible falls from the back; and
Kept clear of obstructions.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.274, eff. July 19, 1989.

4VAC25-40-5510 Preshift examinations

Preshift examinations shall be made of all working areas by certified foremen within three hours before any workers, other than the examiners, enter the mine.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.275, eff. July 19, 1989.

4VAC25-40-5520 Authorized personnel

Only certified foremen and persons authorized to correct the dangerous conditions shall enter places or areas where danger signs are posted.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.276, eff. July 19, 1989.

4VAC25-40-5530 Removal of danger signs

Danger signs shall not be removed until the dangerous conditions have been corrected.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.277, eff. July 19, 1989.

4VAC25-40-5540 Detection devices

Each operator shall use permissible devices for detecting flammable gases, oxygen deficiency, carbon monoxide, and other air contaminants.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.278, eff. July 19, 1989.

4VAC25-40-5550 Frequency and method of examinations

Examinations for dangerous conditions including tests for flammable gas with an acceptable device shall be made at least once each week, and at intervals of not more than seven days, by the certified foreman, except during weeks in which the mine is idle for the entire week.

The certified foreman shall:

Examine and make tests:

a. In the return of each split where it enters the main return;

b. On accessible pillar falls;

c. At seals;

d. In the main return;

e. In at least one entry of each intake and return airway in its entirety;

f. In idle workings; and

g. In abandoned workings, insofar as conditions permit;

Mark his initials and the date at the places examined;
Report dangerous conditions promptly to the operator or other designated person; and
Record the results of the examination with ink or indelible pencil in a book kept for that purpose at a designated place on the surface of the mine.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.279, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5560 Examination reports

The certified foreman or other designated mine official shall read and countersign promptly the reports of daily and weekly examinations by competent persons and shall take prompt action to have dangerous conditions corrected.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.280, eff. July 19, 1989.

4VAC25-40-5570 Ventilation of gassy mines

All gassy mines shall be ventilated mechanically.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.281, eff. July 19, 1989.

4VAC25-40-5580 Airflow to be maintained

Airflow shall be maintained in all intake and return air courses of a mine. When multiple main fans are used, such ventilation systems shall not develop areas without perceptible air movement.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.282, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5590 Fan installation doors

In mines ventilated by a combination of multiple blowing or multiple exhausting fans, each main fan installation shall be equipped with noncombustible doors designed and positioned so that, in the event of failure of a main fan, these doors will automatically close to prevent air reversal through the fan. The doors shall be located so that they are not in direct line with forces which would come out of the mine, should an explosion occur.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.283, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5600 Diesel-powered equipment

Diesel-powered equipment shall not be taken into or operated in places where flammable gas exceeds 1.0% of any point not less than 12 inches from the back, face and rib.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.284, eff. July 19, 1989.

4VAC25-40-5610 Trolley wires

Trolley wires and trolley feeder wires shall be on intake air and shall not exceed beyond the last open crosscut or other ventilation opening. Such wires shall be kept at least 150 feet from pillar workings.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.285, eff. July 19, 1989.

4VAC25-40-5620 Permissible equipment required

Only permissible equipment maintained in permissible condition shall be used beyond the last open crosscut or in places where dangerous quantities of flammable gases are present or may enter the air current.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.286, eff. July 19, 1989.

4VAC25-40-5630 Permissible distribution boxes required

Only permissible distribution boxes shall be used in working areas and other areas where dangerous quantities of flammable gas may be present or may enter the air current.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.287, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5640 Electric equipment

No electric equipment shall be taken into or operated in places where flammable gas can be detected in the amount of 1.0% or more at any point not less than 12 inches from the back, face and rib.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.288, eff. July 19, 1989.

4VAC25-40-5650 Permissible electric lamps

Only permissible electric lamps shall be used for portable illumination underground.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.289, eff. July 19, 1989.

4VAC25-40-5660 Permissible or approved explosives

Only permissible or other types of explosives approved by the director shall be used in gassy mines.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.290, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5670 Written list of conditions

The division, in granting approval referred to in 4VAC25-40-5660, shall provide the operator with a written list of conditions for using the specific explosives covered by the approval and adapted to the mining operation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.291, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5680 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 §§ 15.292, 15.293, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5700 Examinations for gas

Examinations for gas shall be made immediately before and after each shot or round.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-161.294 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.294, eff. July 19, 1989.

4VAC25-40-5710 Limitations on firing shots

Shots or rounds shall not be fired in places where flammable gas can be detected with a permissible flame safety lamp, or where 1.0% or more of flammable gas can be detected by any other MSHA approved device or method, at a point not less than 12 inches from the back, face and rib. See Article 4 (4VAC25-40-3325 et seq.) of this part for blasting requirements.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from VR480-05-1.2 § 15.295, eff. July 19, 1989; amended, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5720 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 § 15.296, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5730 (Repealed.)

Historical Notes

Derived from VR480-05-1.2 §§ 16.1, 16.2, eff. July 19, 1989; repealed, Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5750 Notice of intent to mine near gas or oil wells

A. Before removing minerals, or extending any mine workings or mining operations within 500 feet of any permitted gas or oil well, or gas or oil well being drilled, the operator of such mine shall give notice by certified mail to the well operator, the gas and oil inspector and the director, and shall forward with the notice an accurate map or maps on a scale of 400 feet to the inch showing its mine workings and projected mine workings beneath the tract of land or within 500 feet of the gas or oil well.

B. After giving notice and furnishing the map, the operator may proceed with mining operations as shown on the map, but shall not remove minerals or conduct any mining operations nearer than 200 feet to any permitted well or well that is being drilled without the consent of the director.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5760 Application for mining near gas or oil wells

A. Application may be made at any time to the director by the operator for an approval to conduct mining operations within 200 feet of any permitted gas or oil well, or gas or oil well being drilled, on forms furnished by the director and containing such information as the director may require.

B. The application shall be accompanied by a map or maps as specified in Chapter 12 ( § 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia showing all mining operations or workings projected within 200 feet of the well.

C. Notice of the application shall be sent by certified mail to the well operator and the gas and oil inspector. The notice shall inform the well operator of the right to object to the proposed mining activity. Objections must be filed with the director within 15 days after notice is received by the objecting person.

D. The director may, prior to considering the application, make or cause to be made any inspections or surveys which he deems necessary, and may, if no objection is filed by the well operator or the gas and oil inspector within 15 days after the notice is received, grant the request of the operator to conduct the mining operations as projected, or with such modifications as he may deem necessary.

E. If the well operator or gas and oil inspector files objections, a hearing will be held under the same procedures as set forth in § 2.2-4019 of the Code of Virginia.

F. If the applicant for an approval to mine within 200 feet of a gas or oil well submits proof in writing that none of the persons required to be notified under this section has any objection to the projected mining activity, then the director may waive the notice requirement under this section and grant the request of the operator to conduct the projected mining activity, provided all other conditions have been met.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-40-5770 Mining plan

When mining within 200 feet of a gas or oil well, the mine operator shall submit a plan showing projected pillars of minerals to be left unmined around each well. The pillars shall be situated so that each well is centered within a pillar. The excavated areas adjacent to any pillar may not exceed 20 feet in width without prior approval from the director. In no circumstances may the narrowest pillar dimension be less than twice the width of the excavated area.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

4VAC25-40-5780 Approval to mine near plugged gas or oil well

A. Applications may be made at any time to the director on forms furnished by the director and containing such information as the director may require by the operator for a permit to mine through a plugged gas or oil well. The application shall be accompanied by a map or maps as specified showing all mining operations or workings projected through the area of the well.

B. Notice of such application shall be sent by certified mail to the well operator and, in the case of mining through a well, to the gas and oil inspector. The notice shall inform the well operator and the gas and oil inspector of the right to object to the proposed mining activity. The objections must be filed with the director within 15 days after notice is received. The application also shall contain information necessary to establish that:

The well has been adequately plugged for the purpose of safely mining through, and
No oil, gas or fluids can migrate into the mine workings.

C. The director may, prior to considering the application, make or cause to be made any inspections or surveys which he deems necessary and may, if no objection is filed by the well operator or the gas and oil inspector within 15 days after notice is received, grant the request of the operator to conduct the mining operations as projected or with such modifications as he may deem necessary.

D. If the well operator or gas and oil inspector files an objection, a hearing will be held under the same procedures as set forth in § 9-6.14:11 of the Code of Virginia.

E. If the applicant for a permit to mine through a gas or oil well submits proof in writing that none of the persons required to be notified under this section has any objection to the projected mining activity, then the director may waive the notice requirement under this section and grant the request of the operator to conduct the projected mining activity, provided all other conditions have been met.

History

Statutory Authority: §§ 45.1-161.3, 45.1-161.294 and 45.1-161.305 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 17, eff. July 1, 1998.

Chapter 130 Coal Surface Mining Reclamation Regulations

Part 700 General

4VAC25-130-700.1 Scope

These regulations, consisting of Parts 700 through 882, establishes the procedures and requirements through which the Department of Energy and its Division of Mined Land Repurposing will implement the Virginia Coal Surface Mining Control and Reclamation Act of 1979 (Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia) and the Federal Surface Mining Control and Reclamation Act of 1977, (P.L. 95-87, 91 Stat. 445 (30 USC §§ 1201 et seq.)), pursuant to the Virginia permanent regulatory program, as approved by the United States Secretary of the Interior.

This Chapter is divided into nine Subchapters.

(a) Subchapter VA contains introductory information intended to serve as a guide to the rest of the Chapter and to the regulatory requirements and definitions generally applicable to the programs and persons covered by the Act.

(b) Subchapter VD identifies the procedures that apply to surface coal mining and reclamation operations conducted on Federal lands rather than State or private lands and incorporates by reference the applicable requirements of the State regulatory program: Subchapters VG, VJ, VK, AND VL.

(i) Designating lands which are unsuitable for all or certain types of surface coal mining operations;

(ii) Terminating designation no longer found to be appropriate; and

(iii) Prohibiting surface coal mining and reclamation operations on those lands or areas where the Act states that surface coal mining operations should not be permitted or should be permitted only after specified determinations are made.

(d) Subchapter VG governs applications for and decisions on permits for surface coal mining and reclamation operations within the Commonwealth. It also governs coal exploration and permit application and decisions on permits for special categories of coal mining in the Commonwealth. Regulations implementing the experimental practices provision of the Act are also included in Subchapter VG.

(e) Subchapter VJ sets forth requirements for performance bonds and public liability insurance for surface mining, underground mining and coal exploration permits.

(f) Subchapter VK sets forth the environmental and other performance standards which apply to coal exploration and to surface coal mining and reclamation operations, as well as to special mining situations involved with steep slope mining, mountaintop removal mining, auger mining and prime farmlands.

(g) Subchapter VL sets forth the inspection, enforcement, and civil penalty provisions.

(h) Subchapter VM sets forth the requirements for the training, examination, and certification of blasters.

(i) Subchapter VR sets forth the regulations for the Abandoned Mine Land Program.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.2 Authority and citation to federal law

These regulations are promulgated pursuant to Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia (1950) as amended. In order for these regulations to receive approval by the United States Secretary of the Interior as part of the Commonwealth's permanent regulatory program, the Federal Surface Mining Control and Reclamation Act requires that these regulations be consistent with (as effective as) applicable regulations issued by the Secretary, contained in 30 CFR Chapter VII. The numbering system used for the Virginia regulations corresponds to the numbering system used for the applicable Federal regulations in 30 CFR Chapter VII, except that the numbering for the Virginia regulations contains the prefix "4VAC25-130-xxx.xxx." All references to Sections, Parts, or Subchapters are made to this chapter, unless otherwise noted.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.3 Effective date

(a) The regulations promulgated pursuant to Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia became effective on December 15, 1981, the date on which the Secretary of the Interior approved the Commonwealth's permanent regulatory program.

(b) The regulations in this chapter shall become effective when approved by the Secretary of the Interior, except, for existing operations permitted pursuant to Chapter 19, Title 45.1-

(1) All provisions except for those related to the contents of permit applications of Subchapter VG and the performance standards of Subchapter VK shall apply.

(2) The content of permit application requirements and the performance standards of the regulations approved on December 15, 1981, shall be complied with.

(3) All provisions of this chapter shall apply when the existing permit is significantly revised or renewed.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.5 Definitions

As used throughout this chapter, the following terms have the specified meanings except where otherwise indicated.

"Abatement plan" means an individual technique or combination of techniques, the implementation of which is designed to result in reduction of the baseline pollution load. Abatement techniques include but are not limited to: addition of alkaline material, special plans for managing toxic and acid forming material, regrading, revegetation, and daylighting.

"Acid drainage" means water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive, or abandoned surface coal mining and reclamation operation or from an area affected by surface coal mining and reclamation operations.

"Acid-forming materials" means earth materials that contain sulfide minerals or other materials which, if exposed to air, water, or weathering processes, form acid that may create acid drainage or leachate.

"Act" means the Virginia Coal Surface Mining Control and Reclamation Act of 1979 as amended (Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia).

"Actual improvement" means the reduction of the baseline pollution load resulting from the implementation of the approved abatement plan: except that a reduction of the baseline pollution load achieved by water treatment may not be considered as actual improvement.

"Adjacent area" means the area outside the permit area where a resource or resources, determined according to the context in which adjacent area is used, are or reasonably could be expected to be adversely impacted by proposed mining operations, including probable impacts from underground workings.

"Administratively complete application" means an application for permit approval, or approval for coal exploration where required, which the division determines to contain information addressing each application requirement of the regulatory program and to contain all information necessary to initiate processing and public review.

"Adverse physical impact" means, with respect to a highwall created or impacted by remining, conditions such as sloughing of material, subsidence, instability, or increased erosion of highwalls, which occur or can reasonably be expected to occur as a result of remining and which pose threats to property, public health, safety, or the environment.

"Affected area" means any land or water surface area which is used to facilitate, or is physically altered by, surface coal mining and reclamation operations. The affected area includes the disturbed area; any area upon which surface coal mining and reclamation operations are conducted; any adjacent lands, the use of which is incidental to surface coal mining and reclamation operations; all areas covered by new or existing roads used to gain access to, or for hauling coal to or from, surface coal mining and reclamation operations, except as provided in this definition; any area covered by surface excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, shipping areas; any areas upon which are sited structures, facilities, or other property or material on the surface resulting from, or incident to, surface coal mining and reclamation operations; and the area located above underground workings. The affected area shall include every road used for purposes of access to, or for hauling coal to or from, surface coal mining and reclamation operations, unless the road is a public road.

"Agricultural use" means the use of any tract of land for the production of animal or vegetable life. The uses include, but are not limited to, the pasturing, grazing, and watering of livestock, and the cropping, cultivation, and harvesting of plants.

"Anthracite" means coal classified as anthracite in ASTM Standard D 388-77. Coal classifications are published by the American Society of Testing and Materials under the title, "Standard Specification for Classification of Coals by Rank," ASTM D 388-77, on pages 220 through 224. Table 1 which classifies the coals by rank is presented on page 223. This publication is hereby incorporated by reference.

"Applicant" means any person seeking a permit, permit revision, renewal, and transfer, assignment, or sale of permit rights from the division to conduct surface coal mining and reclamation operations or, where required, seeking approval for coal exploration.

"Applicant violator system" or "AVS" means an automated information system of applicant, permittee, operator, violation, and related data the federal Office of Surface Mining Reclamation and Enforcement (OSM) maintains and the division utilizes in the permit review process.

"Application" means the documents and other information filed with the division under this chapter for the issuance of permits; revisions; renewals; and transfer, assignment, or sale of permit rights for surface coal mining and reclamation operations or, where required, for coal exploration.

"Approximate original contour" means that surface configuration achieved by backfilling and grading of the mined areas so that the reclaimed area, including any terracing or access roads, closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain, with all highwalls, spoil piles and coal refuse piles eliminated. Permanent water impoundments may be permitted where the division has determined that they comply with 4VAC25-130-816.49, 4VAC25-130-816.56, and 4VAC25-130-816.133 or 4VAC25-130-817.49, 4VAC25-130-817.56, and 4VAC25-130-817.133.

"Aquifer" means a zone, stratum, or group of strata that can store and transmit water in sufficient quantities for a specific use.

"Auger mining" means a method of mining coal at a cliff or highwall by drilling or cutting holes into an exposed coal seam from the highwall and transporting the coal along the auger bit to the surface.

"Authorized officer" means any person authorized to take official action on behalf of a federal agency that has administrative jurisdiction over federal lands.

"Baseline pollution load" means the characterization of the pollution material being discharged from or on the pollution abatement area, described in terms of mass discharge for each parameter, including seasonal variations and variations in response to precipitation events. The division will establish in each authorization the specific parameters it deems relevant for the baseline pollution load.

"Best professional judgment" means the highest quality technical opinion forming the basis for the terms and conditions of the treatment level required after consideration of all reasonably available and pertinent data. The treatment levels shall be established by the division under §§ 301 and 402 of the federal Water Pollution Control Act (33 USC §§ 1311 and 1342).

"Best technology" means measures and practices which are designed to abate or ameliorate to the maximum extent possible pollutional discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.

"Best technology currently available" means equipment, devices, systems, methods, or techniques which will:

(a) Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contribution of suspended solids in excess of requirements set by the applicable state or federal laws;

(b) Minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife, and related environmental values, and achieve enhancement of those resources where practicable. The term includes equipment, devices, systems, terms, methods, or techniques which are currently available anywhere as determined by the division even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, animal stocking requirements, scheduling of activities and design of sedimentation ponds in accordance with Parts 816 and 817 of this chapter. Within the constraints of the permanent program, the division shall have the discretion to determine the best technology currently available on a case-by-case basis, as authorized by the Act and this chapter.

"Cemetery" means any area of land where human bodies are interred.

"Certification" when used in regards to construction certifications by qualified registered professional engineers, is not considered to be a warranty or guarantee.

"Coal" means combustible carbonaceous rock, classified as anthracite, bituminous, subbituminous, or lignite by ASTM Standard D 388-77, referred to and incorporated by reference in the definition of "anthracite."

"Coal exploration" means the field gathering of:

(a) Surface or subsurface geologic, physical, or chemical data by mapping, trenching, drilling, geophysical, or other techniques necessary to determine the quality and quantity of overburden and coal of an area; or

(b) The gathering of environmental data to establish the conditions of an area before beginning surface coal mining and reclamation operations under the requirements of this chapter.

"Coal lease" means a federal coal lease or license issued by the Bureau of Land Management pursuant to the Mineral Leasing Act and the federal Acquired Lands Leasing Act of 1947 (30 USC § 351 et seq.).

"Coal mine waste" means coal processing waste and underground development waste.

"Coal mining operation" means, for the purposes of Part 705 of this chapter—Financial Interests of State Employees—the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities occur.

"Coal preparation" or "coal processing" means chemical or physical processing and the cleaning, concentrating, or other processing or preparation of coal.

"Coal preparation plant" means a facility where coal is subjected to chemical or physical processing or the cleaning, concentrating, or other processing or preparation. It includes facilities associated with coal preparation activities, including but not limited to the following: loading facilities; storage and stockpile facilities; sheds, shops, and other buildings; water-treatment and water storage facilities; settling basins and impoundments; and coal processing and other waste disposal areas.

"Coal processing waste" means earth materials which are separated and wasted from the product coal during cleaning, concentrating, or other processing or preparation of coal.

"Cognovit note" means an extraordinary note which authorizes an attorney to confess judgement against the person or persons signing it. It is written authority of a debtor and a direction by him for entry of a judgement against him if the obligation set forth in the note is not paid when due. Such judgement may be taken by any person holding the note, which cuts off every defense which makers of the note may otherwise have and it likewise cuts off all rights of appeal from any judgement taken on it. The note shall, at a minimum:

(a) Contain the date of execution.

(b) Be payable to the "Treasurer of Virginia."

(d) Be payable in a sum certain of money.

(e) Be signed by the makers.

"Collateral bond" means an indemnity agreement in a sum certain executed by the permittee and deposited with the division supported by one or more of the following:

(a) The deposit of cash in one or more federally insured accounts, payable only to the division upon demand;

(b) Negotiable bonds of the United States, the Commonwealth of Virginia, or a political subdivision thereof, endorsed to the order of, and placed in the possession of the division; the bond will only be acceptable if the issue is rated "A" or better by Moody's Investor Service, Inc., or Standard and Poor's, Inc.;

(c) Certificates of deposit issued by Virginia banks payable only to the division and placed in its possession. No security in default as to principal or interest shall be acceptable as collateral; or

(d) An irrevocable letter of credit of any bank organized or authorized to transact business in the United States, payable only to the department at sight prepared in accordance with the Uniform Customs and Practices for Documentary Credits (1993 revision) International Chamber of Commerce (Publication No. 500).

"Combustible material" means organic material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

"Community or institutional building" means any structure, other than a public building or an occupied dwelling, which is used primarily for meetings, gatherings or functions of local civic organizations or other community groups; functions as an educational, cultural, historic, religious, scientific, correctional, mental health or physical health care facility; or is used for public services, including, but not limited to, water supply, power generation or sewage treatment.

"Compaction" means increasing the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track, or roller loads from heavy equipment.

"Complete and accurate application" means an application for permit approval or approval for coal exploration where required which the division determines to contain all information required under the Act and this chapter.

"Contamination" means, in reference to ground water or surface water supplies receiving ground water, any impairment of water quality which makes the water unsuitable for a specific use.

"Control" or "controller" when used in 4VAC25-130-773, 4VAC25-130-774, or 4VAC25-130-778 means:

(a) A permittee of a surface coal mining operation;

(b) An operator of a surface coal mining operation; or

"Cooperative agreement" means a cooperative agreement entered into in accordance with § 523(c) of the federal Act and 30 CFR Part 745.

"Cumulative impact area" means the area, including the permit area, within which impacts resulting from the proposed operation may interact with the impacts of all anticipated mining on surface and ground water systems. Anticipated mining shall include, at a minimum, the entire projected lives through bond release of:

(a) The proposed operation;

(b) All existing operations;

(d) All operations required to meet diligent development requirements for leased federal coal for which there is actual mine development information available.

"Department" means the Virginia Department of Energy.

"Diminution" means, in reference to ground or surface water supplies receiving ground water, any impairment of water quantity which makes the water unsuitable for a specific use.

"Direct financial interest" means ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings and also means any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.

"Director" means the Director of the Department of Energy or his representative.

"Disturbed area" means an area where vegetation, topsoil, or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste, or noncoal waste is placed by surface coal mining operations. Those areas are classified as disturbed until reclamation is complete and the performance bond or other assurance of performance required by Subchapter VJ is released.

"Diversion" means a channel, embankment, or other manmade structure constructed to divert water from one area to another.

"Division" means the Division of Mined Land Repurposing of the Department of Energy.

"Downslope" means the land surface between the projected outcrop of the lowest coal bed being mined along each highwall and a valley floor.

"Drinking, domestic or residential water supply" means water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use. Wells and springs that serve only agricultural, commercial or industrial enterprises are not included, except to the extent the water supply is for direct human consumption or human sanitation or domestic use.

"Embankment" means an artificial deposit of material that is raised above the natural surface of the land and used to contain, divert, or store water, support roads or railways, or for other similar purposes.

"Employee" means (a) any person employed by the department or other state or local government agency who performs any function or duty under the Act, and (b) consultants who perform any function or duty under the Act, if they perform decision-making functions for the department under the authority of the Act or regulations promulgated under the Act.

"Ephemeral stream" means a stream that flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice, and that has a channel bottom that is always above the local water table.

"Escrow account" means an account in a federally insured financial institution.

"Excess spoil" means spoil material disposed of in a location other than the mined-out area; provided that spoil material used to achieve the approximate original contour or to blend the mined-out area with the surrounding terrain in accordance with 4VAC25-130-816.102(d) and 4VAC25-130-817.102(d) in nonsteep slope areas shall not be considered excess spoil.

"Existing structure" means a structure or facility used in connection with or to facilitate surface coal mining and reclamation operations for which construction begins prior to the approval of the state program or a federal land program, whichever occurs first.

"Extraction of coal as an incidental part" means, for the purposes of Part 707 of this chapter, the extraction of coal which is necessary to enable the construction to be accomplished. For purposes of Part 707, only that coal extracted from within the right-of-way, in the case of a road, railroad, utility line or other such construction, or within the boundaries of the area directly affected by other types of government-financed construction, may be considered incidental to that construction. Extraction of coal outside the right-of-way or boundary of the area directly affected by the construction shall be subject to the requirements of the Act and this chapter.

"Federal Act" means the federal Surface Mining Control and Reclamation Act of 1977, as amended (Pub. L. 95-87).

"Federal land management agency" means a federal agency having administrative jurisdiction over the surface of federal lands that are subject to this chapter.

"Federal lands" means any land, including mineral interests, owned by the United States, without regard to how the United States acquired ownership of the lands or which agency manages the lands. It does not include Indian lands.

"Federal lands program" means a program established by the secretary pursuant to § 523 of the federal Act to regulate surface coal mining and reclamation operations on federal lands.

"Federal lease bond" means the bond or equivalent security required by 43 CFR Part 3400 to assure compliance with the terms and conditions of a federal coal lease.

"Federal lessee protection bond" means a bond payable to the United States or the state, whichever is applicable, for use and benefit of a permittee or lessee of the surface lands to secure payment of any damages to crops or tangible improvements on federal lands, pursuant to § 715 of the federal Act.

"Federal program" means a program established by the secretary pursuant to § 504 of the federal Act to regulate coal exploration and surface coal mining and reclamation operations on nonfederal and non-Indian lands within the state in accordance with the federal Act and 30 CFR Chapter VII.

"First water producing zone" means the first water zone encountered which can be monitored in a manner which indicates the effects of a surface mining operation on usable ground water.

"Fragile lands" means areas containing natural, ecologic, scientific or aesthetic resources that could be significantly damaged by surface coal mining operations. Examples of fragile lands include valuable habitats for fish or wildlife, critical habitats for endangered or threatened species of animals or plants, uncommon geologic formations, paleontological sites, National Natural Landmarks, areas where mining may result in flooding, environmental corridors containing a concentration of ecologic and aesthetic features and areas of recreational value due to high environmental quality.

"Fugitive dust" means that particulate matter which becomes airborne due to the forces of wind or surface coal mining and reclamation operations or both. During surface coal mining and reclamation operations it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles, and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported, or redistributed. Fugitive dust does not include particulate matter emitted from a duct or stack.

"Fund," as used in Subchapter VR, means the Abandoned Mine Reclamation Fund established pursuant to § 45.2-1032 of the Act.

"General area" means, with respect to hydrology, the topographic and ground water basin surrounding a permit area and adjacent areas to include one or more watersheds containing perennial streams or ground water zones which possess useable and/or managed zones or flows, to allow an assessment of the probable cumulative impacts on the hydrologic regime.

"Government-financed construction" means construction funded 50% or more by funds appropriated from a government financing agency's budget or obtained from general revenue bonds. Funding at less than 50% may qualify if the construction is undertaken as an approved reclamation project under Title IV of the federal Act. Construction funded through government financing agency guarantees, insurance, loans, funds obtained through industrial revenue bonds or their equivalent, or in-kind payments does not qualify as government-financed construction.

"Government financing agency" means any federal, state, regional, county, city or town unit of government, or a department, bureau, agency or office of a governmental unit or any combination of two or more governmental units or agencies, which, directly or through another unit of government, finances construction.

"Gravity discharge" means, with respect to underground coal mining activities, mine drainage that flows freely in an open channel downgradient. Mine drainage that occurs as a result of flooding a mine to the level of the discharge is not gravity discharge.

"Ground cover" means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of ground.

"Ground water" means subterranean water which exists within a totally saturated zone, stratum or group of strata.

"Growing season" means the period of year when climatic conditions are favorable for plant growth, common to a place or area. The period between April 15 and October 15 is the normal growing season.

"Half-shrub" means a perennial plant with a woody base whose annually produced stems die back each year.

"Head-of-hollow fill" means a fill structure consisting of any material, except organic material, placed in the uppermost reaches of a hollow where side slopes of the existing hollow, measured at the steepest point, are greater than 20 degrees or the average slope of the profile of the hollow from the toe of the fill to the top of the fill is greater than 10 degrees. In head-of-hollow fills, the top surface of the fill, when completed, is at approximately the same elevation as the adjacent ridge line, and no significant area of natural drainage occurs above the fill, draining into the fill area.

"Higher or better uses" means postmining land uses that have a higher value or benefit, either economic or noneconomic, to the landowner or the community than the premining land uses.

"Highwall" means the face of exposed overburden and coal in an open cut of a surface coal mining activity or for entry to underground mining activities.

"Highwall remnant" means that portion of highwall that remains after backfilling and grading of a remining permit area.

"Historically used for cropland" means (1) lands that have been used for cropland for any five years or more out of the 10 years immediately preceding the acquisition, including purchase, lease, or option, of the land for the purpose of conducting or allowing through resale, lease, or option the conduct of surface coal mining and reclamation operations; (2) lands that the division determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific five-years-in-10 criterion, in which case the regulations for prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved; or (3) lands that would likely have been used as cropland for any five out of the last 10 years, immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.

"Historic lands" means areas containing historic, cultural, or scientific resources. Examples of historic lands include archaeological sites, properties listed on or eligible for listing on the State or National Register of Historic Places, National Historic Landmarks, properties having religious or cultural significance to native Americans or religious groups, and properties for which historic designation is pending.

"Hydrologic balance" means the relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit such as a drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation, and changes in ground and surface water storage.

"Hydrologic regime" means the entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transportation.

"Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirements of the Act in a surface coal mining and reclamation operation, which could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same condition or practice giving rise to the peril, would avoid exposure to the danger during the time necessary for abatement.

"Impounding structure" means a dam, embankment or other structure used to impound water, slurry, or other liquid or semi-liquid material.

"Impoundments" mean all water, sediment, slurry or other liquid or semi-liquid holding structures and depressions, either naturally formed or artificially built.

"Indemnity agreement" means an agreement between two persons in which one person agrees to pay the other person for a loss or damage. The persons involved can be individual people, or groups of people, or legal organizations, such as partnerships, corporations or government agencies, or any combination of these.

"Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by the employee's spouse, minor child and other relatives, including in-laws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.

"In situ processes" means activities conducted on the surface or underground in connection with in-place distillation, retorting, leaching, or other chemical or physical processing of coal. The term includes, but is not limited to, in situ gasification, in situ leaching, slurry mining, solution mining, borehole mining, and fluid recovery mining.

"Intermittent stream" means:

(a) A stream or section of a stream that drains a watershed of at least one square mile, or

(b) A stream or section of a stream that is below the local water table for at least some part of the year, and obtains its flow from both surface runoff and ground water discharge.

"Irreparable damage to the environment" means any damage to the environment, in violation of the Act, or this chapter, that cannot be corrected by the permittee.

"Knowing" or "knowingly" means that a person who authorized, ordered, or carried out an act or omission knew or had reason to know that the act or omission would result in either a violation or failure to abate or correct a violation.

"Land use" means specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal use occur and may include land used for support facilities that are an integral part of the use. Changes of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the division.

(a) "Cropland." Land used for production of crops which can be grown for harvest alone or in a rotation with grasses and legumes, that include row crops, small grain crops, hay crops, nursery crops, orchard crops, and other similar crops.

(b) "Pastureland." or land occasionally cut for hay. Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed.

(c) "Grazingland." Lands used for grasslands and forest lands where the indigenous vegetation is actively managed for grazing, browsing, or occasional hay production.

(d) "Forestry." Land used or managed for long-term production of wood, wood fiber, or wood derived products.

(e) "Residential." Land used for single and/or multiple family housing, mobile home parks, or other residential lodgings.

(f) "Industrial/Commercial." Land used for:

(1) Extraction or transformation of materials for fabrication of products, wholesaling of products, or long-term storage of products. This includes all heavy and light manufacturing facilities.

(2) Retail or trade of goods or services, including hotels, motels, stores, restaurants, and other commercial establishments.

(g) "Recreation." Land used for public or private leisure-time activities, including developed recreation facilities such as parks, camps, amusement areas, as well as undeveloped areas for recreation such as hiking and canoeing.

(h) "Fish and wildlife habitat." Land dedicated wholly or partially to the production, protection, or management of species of fish or wildlife.

(i) "Developed water resources." Land used for storing water for beneficial uses, such as stockponds, irrigation, fire protection, flood control, and water supply.

(j) "Undeveloped land or no current use or land management." Land that is undeveloped or, if previously developed, land that has been allowed to return naturally to an undeveloped state or has been allowed to return to forest through natural succession.

"Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under § 404 or under § 402(g)(4) of the federal Act.

"Leachate" means water percolating from a surface coal mining operation which contains dissolved and suspended matter.

"Leased federal coal" means coal leased by the United States pursuant to 43 CFR Part 3400, except mineral interests in coal on Indian lands.

"Lease terms, conditions and stipulations" means all of the standard provisions of a federal coal lease, including provisions relating to lease duration, fees, rentals, royalties, lease bond, production and recordkeeping requirements, and lessee rights of assignment, extension, renewal, termination and expiration, and site-specific requirements included in federal coal leases in addition to other terms and conditions which relate to protection of the environment and of human, natural and mineral resources.

"Material damage" in the context of 4VAC25-130-784.20 and 4VAC25-130-817.121 means:

(a) Any functional impairment of surface lands, features, structures, or facilities;

(b) Any physical change that has a significant adverse impact on the affected land's capability to support any current or reasonably foreseeable uses or causes significant loss in production or income; or

(c) Any significant change in the condition, appearance, or utility of any structure or facility from its presubsidence condition.

"Mineral Leasing Act" or "MLA" means the Mineral Leasing Act of 1920, as amended, 30 USC § 181 et seq.

"Mining plan" means the plan, for mining leased federal coal, required by the Mineral Leasing Act.

"Mining supervisor" means the Area Mining Supervisor, Conservation Division, U.S. Geological Survey, or District Mining Supervisor or other subordinate acting under their direction.

"Moist bulk density" means the weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity (1/3 bar moisture tension). Weight is determined after drying the soil at 105°C.

"MSHA" means the United States Mine Safety and Health Administration.

"Mulch" means vegetation residues or other suitable materials that aid in soil stabilization and soil moisture conservation, and provide micro-climatic conditions suitable for germination and growth.

"Natural hazard lands" means geographic areas in which natural conditions exist which pose or as a result of surface coal mining operations, may pose a threat to the health, safety or welfare of people, property or the environment, including areas subject to landslides, cave-ins, severe wind or soil erosion, frequent flooding, and areas of unstable geology.

"Net worth" means total assets less total liabilities. Total liabilities include, but are not limited to, funds pledged or otherwise obligated to the Commonwealth of Virginia, or to any other person at any time during the permit term. Total liabilities also include, but are not limited to, contingent liabilities that might materially affect the Commonwealth's ability to collect the amount of bond required in the event of bond forfeiture.

"Noncommercial building" means any building other than an occupied residential dwelling that at the time subsidence occurs is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in this section. Any building used only for commercial agricultural, industrial, retail or other commercial enterprises is excluded.

"Noxious plants" means living plants which are declared to be noxious weeds or noxious plants pursuant to Chapter 8 ( § 3.2-800 et seq.) of Title 3.2 of the Code of Virginia.

"Occupied dwelling" means any building that is currently being used on a regular or temporary basis for human habitation.

"Occupied residential dwelling and structures related thereto" means, for purposes of 4VAC25-130-784.20 and 4VAC25-130-817.121, any building or other structures that, at the time the subsidence occurs, is used either temporarily, occasionally, seasonally or permanently for human habitation. This term also includes any building, structure, or facility installed on, above or below, or a combination thereof, the land surface if that building structure or facility is adjunct to or used in connection with an occupied residential dwelling. Examples of such structures include, but are not limited to, garages; storage sheds and barns; greenhouses and related buildings; utilities and cables; fences and other enclosures; retaining walls; paved or improved patios, walks and driveways; septic sewage treatment facilities; and lot drainage and lawn and garden irrigation systems. Any structure used only for commercial agriculture, industrial, retail or other commercial purposes is excluded.

"Office" or "OSM" means the Office of Surface Mining Reclamation and Enforcement established under Title II of the federal Act.

"Operator" means any person engaged in coal mining who removes or intends to remove more than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive calendar months in any one location.

"Other treatment facilities" means any facilities for chemical treatments, such as flocculation or neutralization, or mechanical structures, such as clarifiers or precipitators, that have a point source discharge and that are utilized:

(a) To prevent additional contribution of dissolved or suspended solids to streamflow or runoff outside the permit area; or

(b) To comply with all applicable state and federal water quality laws and regulations.

"Outslope" means the face of the spoil or embankment sloping downward from the highest elevation to the toe.

"Overburden" means material of any nature, consolidated or unconsolidated, that overlies a coal deposit, excluding topsoil.

"Own," "owner," or "ownership" as used in 4VAC25-130-773, 4VAC25-140-774, or 4VAC25-140-778 (except when used in the context of ownership of real property) means being a sole proprietor or owning of record in excess of 50% of the voting securities or other instruments of ownership of an entity.

"Perennial stream" means a stream or part of a stream that flows continuously during all of the calendar year as a result of ground-water discharge or surface runoff. The term does not include "intermittent stream" or "ephemeral stream."

"Performance bond" means a surety bond, collateral bond, or a combination thereof, by which a permittee assures faithful performance of all the requirements of the Act, this chapter, and the requirements of the permit and reclamation plan.

"Performing any function or duty under this Act" means decision or action, which if performed or not performed by an employee, affects the programs under the Act.

"Permanent diversion" means a diversion which is approved by the division and, if required, by other state and federal agencies for retention as part of the postmining land use.

"Permanent impoundment" means an impoundment which is approved by the division and, if required, by other state and federal agencies for retention as part of the postmining land use.

"Permit" means a permit to conduct surface coal mining and reclamation operations issued by the division pursuant to the Act and this chapter or by the secretary pursuant to a federal program. For the purposes of the federal lands program, permit means a permit issued by the division under a cooperative agreement or by the OSM where there is no cooperative agreement.

"Permit application package" means a proposal to conduct surface coal mining and reclamation operations on federal lands, including an application for a permit, permit revision or permit renewal, all the information required by the federal Act, 30 CFR Subchapter D, the Act and this chapter, any applicable cooperative agreement and all other applicable laws and regulations including, with respect to leased federal coal, the Mineral Leasing Act and its implementing regulations.

"Permit area" means the area of land indicated on the approved map submitted by the permittee with his application, required to be covered by the permittee's performance bond under Subchapter VJ and which shall include the area of land upon which the permittee proposes to conduct surface coal mining and reclamation operations under the permit. The permit area shall include all disturbed areas except that areas adequately bonded under another permit issued pursuant to this chapter may be excluded from the permit area.

"Permittee" means a person holding or required by the Act or this chapter to hold a permit to conduct coal exploration (more than 250 tons) or surface coal mining and reclamation operations issued (a) by the division, (b) by the director of the OSM pursuant to a federal lands program, or (c) by the OSM and the division, where a cooperative agreement pursuant to § 45.1-230 B of the Act has been executed.

"Person" means an individual, Indian tribe when conducting surface coal mining and reclamation operations on non-Indian lands, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative or other business organization and any agent, unit, or instrumentality of federal, state or local government including any publicly owned utility or publicly owned corporation of federal, state or local government.

"Person having an interest which is or may be adversely affected" or "person with a valid legal interest" shall include any person:

(a) Who uses any resources of economic, recreational, aesthetic, or environmental value that is, or may be, in fact adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the division; or

(b) Whose property is, or may be, in fact adversely affected by coal exploration or surface coal mining and reclamation operations or any related action of the division.

The term "adversely affected" is further defined as meaning perceptibly harmed. "Aesthetics" means the consideration of that which is widely regarded to be a visibly beautiful element of a community or area.

"Piezometer" means a vertical pipe that is established in material, which is closed at the bottom, perforated from the upper limits of the material to the lower limits of the material, and which permits static water level measurements and water sampling.

"Pollution abatement area" means the part of the permit area which is causing or contributing to the baseline pollution load, which shall include adjacent and nearby areas that must be affected to bring about significant improvement of the baseline pollution load, and which may include the immediate location of the discharges.

"Pool Bond fund" means the Coal Surface Mining Reclamation Fund established pursuant to § 45.2-1043 of the Act.

"Precipitation event" means a quantity of water resulting from drizzle, rain, snow, sleet, or hail in a limited period of time. It may be expressed in terms of recurrence interval. "Precipitation event" also includes that quantity of water coming from snow cover as snow melt in a limited period of time.

"Previously mined area" means land affected by surface coal mining operations prior to August 3, 1977, that has not been reclaimed to the standards of this chapter.

"Prime farmland" means those lands which are defined by the Secretary of Agriculture in 7 CFR Part 657 (Federal Register Vol. 4, No. 21) and which have historically been used for cropland.

"Principal shareholder" means any person who is the record or beneficial owner of 10% or more of any class of voting stock in a corporation.

"Professional geologist" means a person who is certified pursuant to Chapter 22 ( § 54.1-2200 et seq.) of Title 54.1 of the Code of Virginia.

"Prohibited financial interest" means any direct or indirect financial interest in any coal mining operation.

"Property to be mined" means both the surface property and mineral property within the permit area and the area covered by underground workings.

"Public building" means any structure that is owned or leased, and principally used, by a governmental agency for public business or meetings.

"Public office" means a facility under the direction and control of a governmental entity which is open to public access on a regular basis during reasonable business hours.

"Public park" means an area or portion of an area dedicated or designated by any federal, state, or local agency primarily for public recreational use, whether or not such use is limited to certain times or days, including any land leased, reserved, or held open to the public because of that use.

"Public road" means a road (i) that has been designated as a public road pursuant to the laws of the jurisdiction in which it is located; (ii) that is maintained with public funds, and is constructed, in a manner similar to other public roads of the same classification within the jurisdiction; and (iii) for which there is substantial (more than incidental) public use.

"Publicly owned park" means a public park that is owned by a federal, state or local governmental entity.

"Qualified laboratory" means a designated public agency, private firm, institution, or analytical laboratory which can prepare the required determination of probable hydrologic consequences or statement of results of test borings or core samplings or other services as specified at 4VAC25-130-795.9 under the Small Operator Assistance Program (4VAC25-130-795.1 et seq.) and which meets the standards of 4VAC25-130-795.10.

"Reasonably available spoil" means spoil and suitable coal mine waste material generated by the remining operation or other spoil or suitable coal mine waste material located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to public safety or significant damage to the environment.

"Recharge capacity" means the ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

"Reclamation" means those actions taken to restore mined land as required by this chapter to a postmining land use approved by the division.

"Recurrence interval" means the interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event would be that 24-hour precipitation event expected to occur on the average once in 10 years.

"Reference area" means a land unit maintained under appropriate management for the purpose of measuring vegetation ground cover, productivity and plant species diversity that are produced naturally or by crop production methods approved by the division. Reference areas must be representative of geology, soil, slope, and vegetation in the permit area.

"Refuse pile" means a surface deposit of coal mine waste that does not impound water, slurry, or other liquid or semi-liquid material.

"Regulatory program" means the Virginia Coal Surface Mining Control and Reclamation program (Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia) and rules and regulations approved by the secretary.

"Remining" means conducting surface coal mining and reclamation operations which affect previously mined areas.

"Renewable resource lands" means areas which contribute significantly to the long-range productivity of water supply or of food or fiber products, such lands to include aquifers and aquifer recharge areas.

"Replacement of water supply" means, with respect to protected water supplies contaminated, diminished or interrupted by coal mining operations, provision of water supply on both a temporary and permanent basis equivalent to premining quantity and quality. Replacement includes provision of an equivalent water delivery system and payment of operation and maintenance costs in excess of customary and reasonable delivery costs for premining water supplies.

(a) Upon agreement by the permittee and the water supply owner, the obligation to pay such operation and maintenance costs may be satisfied by a one-time payment in an amount which covers the present worth of the increased annual operation and maintenance costs for a period agreed to by the permittee and the water supply owner.

(b) If the affected water supply was not needed for the land use in existence at the time of loss, contamination, or diminution, and if the supply is not needed to achieve the postmining land use, replacement requirements may be satisfied by demonstrating that a suitable alternative water source is available and could feasibly be developed. If the latter approach is selected, written concurrence must be obtained from the water supply owner.

"Road" means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures, ditches and surface. The term includes access and haul roads constructed, used, reconstructed, improved, or maintained for use in coal exploration or surface coal mining and reclamation operations, including use by coal hauling vehicles to and from transfer, processing, or storage areas. The term does not include ramps and routes of travel within the immediate mining area or within spoil or coal mine waste disposal areas.

"Safety factor" means the ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.

"Secretary" means the Secretary of the Interior or the secretary's representative.

"Sedimentation pond" means an impoundment used to remove solids or other pollutants from water in order to meet water quality standards or effluent limitations before the water leaves the permit area.

"Self-bond," as provided by Part 801 of this chapter, means:

(a) For an underground mining operation, a cognovit note in a sum certain payable on demand to the Treasurer of Virginia, executed by the applicant and by each individual and business organization capable of influencing or controlling the investment or financial practices of the applicant by virtue of this authority as an officer or ownership of all or a significant part of the applicant, and supported by a certification that the applicant participating in the Pool Bond Fund has a net worth, total assets minus total liabilities equivalent to $1 million. Such certification shall be by an independent certified public accountant in the form of an unqualified opinion.

(b) For a surface mining operation or associated facility, an indemnity agreement in a sum certain payable on demand to the Treasurer of Virginia, executed by the applicant and by each individual and business organization capable of influencing or controlling the investment or financial practices of the applicant by virtue of this authority as an officer or ownership of all or a significant part of the applicant.

"Significant forest cover" means an existing plant community consisting predominantly of trees and other woody vegetation.

"Significant, imminent environmental harm to land, air, or water resources" means:

(a) An environmental harm is an adverse impact on land, air, or water resources which resources include, but are not limited to, plants and animal life.

(b) An environmental harm is imminent, if a condition, practice, or violation exists which:

(1) Is causing such harm; or

(2) May reasonably be expected to cause such harm at any time before the end of the reasonable abatement time that would be set under § 45.2-1020 of the Act.

"Significant recreational, timber, economic, or other values incompatible with surface coal mining operations" means those values to be evaluated for their significance which could be damaged by, and are not capable of existing together with, surface coal mining operations because of the undesirable effects mining would have on those values, either on the area included in the permit application or on other affected areas. Those values to be evaluated for their importance include:

(a) Recreation, including hiking, boating, camping, skiing or other related outdoor activities;

(b) Timber management and silviculture;

(d) Scenic, historic, archaeologic, aesthetic, fish, wildlife, plants or cultural interests.

"Siltation structure" means a sedimentation pond, a series of sedimentation ponds, or other treatment facility.

"Slope" means average inclination of a surface, measured from its horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance (e.g., 1v:5h). It may also be expressed as a percentage or in degrees.

"Soil horizons" means contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The four master soil horizons are:

(a) "A horizon." The uppermost mineral layer, often called the surface soil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble or suspended particles is typically the greatest;

(b) "E horizon." The layer commonly near the surface below an A horizon and above a B horizon. An E horizon is most commonly differentiated from an overlying A horizon by lighter color and generally has measurably less organic matter than the A horizon. An E horizon is most commonly differentiated from an underlying B horizon in the same sequum by color of higher value or lower chroma, by coarser texture, or by a combination of these properties;

(c) "B horizon." The layer that typically is immediately beneath the E horizon and often called the subsoil. This middle layer commonly contains more clay, iron, or aluminum than the A, E, or C horizons; and

(d) "C horizon." The deepest layer of the soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity.

"Soil survey" means a field and other investigation, resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies, and interprets such soils for use. Soil surveys must meet the standards of the National Cooperative Soil Survey as incorporated by reference in 4VAC25-130-785.17(c)(1).

"Spoil" means overburden that has been removed during surface coal mining operations.

"Stabilize" means to control movement of soil, spoil piles, or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.

"Steep slope" means any slope of more than 20 degrees or such lesser slope as may be designated by the division after consideration of soil, climate, and other characteristics of a region or the state.

"Substantial legal and financial commitments in a surface coal mining operation" means significant investments, prior to January 4, 1977, have been made on the basis of a long-term coal contract in power plants, railroads, coal-handling, preparation, extraction or storage facilities and other capital-intensive activities. An example would be an existing mine, not actually producing coal, but in a substantial stage of development prior to production. Costs of acquiring the coal in place or the right to mine it without an existing mine, as described in the above example, alone are not sufficient to constitute substantial legal and financial commitments.

"Substantially disturb" means, for purposes of coal exploration, to significantly impact land or water resources by blasting; by removal of vegetation, topsoil, or overburden; by construction of roads or other access routes; by placement of excavated earth or waste material on the natural land surface or by other such activities; or to remove more than 250 tons of coal.

"Successor in interest" means any person who succeeds to rights granted under a permit, by transfer, assignment, or sale of those rights.

"Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary or incidental to the reclamation of such operations. This term includes the term "surface coal mining operations."

"Surface coal mining operations" means:

(a) Activities conducted on the surface of lands in connection with a surface coal mine or, subject to the requirements of § 45.2-1018 of the Act, surface operations and surface impacts incident to an underground coal mine, the products of which enter commerce or the operations of which directly or indirectly affect interstate commerce. Such activities include excavation for the purpose of obtaining coal, including such common methods as contour, strip, auger, mountaintop removal, box cut, open pit, and area mining; the use of explosives and blasting; in situ distillation or retorting; leaching or other chemical or physical processing; and the cleaning, concentrating, or other processing or preparation of coal. Such activities also include the loading of coal for interstate commerce at or near the mine site. Provided, these activities do not include the extraction of coal incidental to the extraction of other minerals, where coal does not exceed 16-2/3% of the tonnage of minerals removed for purposes of commercial use or sale, or coal exploration subject to § 45.2-1008 of the Act; and, provided further, that excavation for the purpose of obtaining coal includes extraction of coal from coal refuse piles; and

(b) The areas upon which the activities described in paragraph (a) of this definition occur or where such activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of those activities and for haulage and excavation, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or material on the surface, resulting from or incident to those activities.

"Surface coal mining operations which exist on the date of enactment" means all surface coal mining operations which were being conducted on August 3, 1977.

"Surface mining activities" means those surface coal mining and reclamation operations incident to the extraction of coal from the earth by removing the materials over a coal seam, before recovering the coal, by auger coal mining, or by recovery of coal from a deposit that is not in its original geologic location.

"Surface operations and impacts incident to an underground coal mine" means all activities involved in or related to underground coal mining which are either conducted on the surface of the land, produce changes in the land surface or disturb the surface, air or water resources of the area, including all activities listed in § 45.2-1000 of the Act.

"Surety bond" means an indemnity agreement in a sum certain payable to the Commonwealth of Virginia, Director—Division of Mined Land Repurposing executed by the permittee as principal and which is supported by the performance guarantee of a corporation licensed to do business as a surety in Virginia.

"Suspended solids" or nonfilterable residue, expressed as milligrams per liter, means organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the Environmental Protection Agency's regulations for waste water and analyses (40 CFR Part 136).

"Temporary diversion" means a diversion of a stream or overland flow which is used during coal exploration or surface coal mining and reclamation operations and not approved by the division to remain after reclamation as part of the approved postmining land use.

"Temporary impoundment" means an impoundment used during surface coal mining and reclamation operations, but not approved by the division to remain as part of the approved postmining land use.

"Ton" means 2000 pounds avoirdupois (.90718 metric ton).

"Topsoil" means the A and E soil horizon layers of the four master soil horizons.

"Toxic-forming materials" means earth materials, or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.

"Toxic mine drainage" means water that is discharged from active or abandoned mines or other areas affected by coal exploration or surface coal mining and reclamation operations, which contains a substance that through chemical action or physical effects is likely to kill, injure, or impair plant and animal life commonly present in the area that might be exposed to it.

"Transfer, assignment, or sale of permit rights" means a change of a permittee.

"Unanticipated event or condition," as used in 4VAC25-130-773.15, means an event or condition related to prior mining activity which arises from a surface coal mining and reclamation operation on lands eligible for remining that was not contemplated by the applicable permit.

"Underground development waste" means waste-rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone, or related materials that are excavated, moved, and disposed of from underground workings in connection with underground mining activities.

"Underground mining activities" means a combination of:

(a) Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance, and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities including hoist and ventilating ducts, areas utilized for the disposal and storage of wastes, and areas on which materials incident to underground mining operations are placed; and

(b) Underground operations such as underground construction, operations, and reclamation of shafts, adits, underground support facilities, in situ processing, and underground mining, hauling, storage, and blasting.

"Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his permit or any requirement of the Act or this chapter due to indifference, lack of diligence, or lack of reasonable care, or failure to abate any violation of such permit, the Act, or this chapter due to indifference, lack of diligence, or lack of reasonable care.

"Usable ground water" or "ground water in use" means all ground water that is reasonably able to be used.

"Valid existing rights" means a set of circumstances under which a person may, subject to division approval, conduct surface coal mining operations on lands where § 45.2-1028 of the Act and 4VAC25-130-761.11 would otherwise prohibit such operations. The possession of valid existing rights only confers an exception from the prohibitions of § 45.2-1028 and 4VAC25-130-761.11. A person seeking to exercise valid existing rights must comply with all pertinent requirements of the Act and the regulations promulgated thereunder and would need to demonstrate:

(a) Except as provided in subdivision (c) of this definition, the legally binding conveyance, lease, deed, contract, or other document that vests the person or predecessor in interest with the right to conduct the type of surface coal mining operations intended. The right must exist at the time the land came under the protection of 4VAC25-130-761.11;

(b) Compliance with one of the following:

(1) That all permits and other authorizations required to conduct surface coal mining operations had been obtained or a good faith attempt to obtain all necessary permits and authorizations had been made before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11.

(2) That the land needed for and immediately adjacent to a surface coal mining operation for which all permits and other authorizations required to conduct surface coal mining operations had been obtained or a good faith attempt made to obtain such permits and authorizations occurred before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11. The person must demonstrate that prohibiting the expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11. Except for operations in existence before August 3, 1977, or for which a good faith effort to obtain all necessary permits had been made before August 3, 1977, this standard does not apply to lands already under the protection of § 45.2-1028 or 4VAC25-130-761.11 when the division approved the permit for the original operation or when the good faith effort to obtain all necessary permits for the original operation was made. In evaluating whether a person meets this standard, the division may consider:

(i) The extent to which coal supply contracts or other legal and business commitments that occurred before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11 depend upon the use of the land for surface coal mining operations.

(ii) The extent to which plans used to obtain financing for the operation before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11 relied upon use of that land for surface coal mining operations.

(iii) The extent to which investments in the operation made before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11 relied upon the use of that land for surface coal mining operations.

(iv) Whether the land lies within the area identified on the life-of-mine map under 4VAC25-130-779.24 (c) that was submitted before the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11;

(c) For haulroads, a person who claims valid existing rights to use or construct a road across the surface of lands protected by § 45.2-1028 or 4VAC25-130-761.11 must demonstrate that one or more of the following circumstances exist. The road:

(1) Existed when the land upon which it is located came under the protection of § 45.2-1028 or 4VAC25-130-761.11 and the person has the legal right to use the road for surface coal mining operations;

(2) Was under a properly recorded right of way or easement for a road in that location at the time the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11 and under the document creating the right of way or easement, and under subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement for surface coal mining operations; or

(3) Was used or contained in a valid permit that existed when the land came under the protection of § 45.2-1028 or 4VAC25-130-761.11; and

(d) That an interpretation of the terms of the document relied upon to establish the valid existing rights shall be based either upon applicable Virginia statutory or case law concerning interpretation of documents conveying mineral rights or, where no applicable state law exists, upon the usage and custom at the time and place it came into existence.

"Valley fill" means a fill structure consisting of any material, other than organic material, that is placed in a valley where side slopes of the existing valley, measured at the steepest point, are greater than 20 degrees, or where the average slope of the profile of the valley from the toe of the fill to the top of the fill is greater than 10 degrees.

"Violation," when used in the context of the permit application information or permit eligibility requirements of §§ 45.2-1010 and 45.2-1013 of the Act and related regulations, means:

(a) A failure to comply with an applicable provision of a federal or state law or regulation pertaining to air or water environmental protection as evidenced by a written notification from a governmental entity to the responsible person; or

(b) A noncompliance for which the division has provided one or more of the following types of notice or OSM or a state regulatory authority has provided equivalent notice under corresponding provisions of a federal or state regulatory program:

(1) A notice of violation under 4VAC25-130-843.12;

(2) A cessation order under 4VAC25-130-843.11;

(3) A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under 4VAC25-130-845 or 4VAC25-130-846;

(4) A bill or demand letter pertaining to delinquent reclamation fees owed under 30 CFR Part 870; or

(5) A notice of bond forfeiture under 4VAC25-130-800.50 when:

(i) One or more violations upon which the forfeiture was based have not been abated or corrected; or

(ii) The amount forfeited and collected is insufficient for full reclamation under 4VAC25-130-800.50 or 4VAC-25-130-801.19, the division orders reimbursement for additional reclamation costs and the person has not complied with the reimbursement order.

"Violation, failure, or refusal," for purposes of 4VAC25-130-846, means:

(a) A failure to comply with a condition of an issued permit or the regulations implementing those sections; or

(b) A failure or refusal to comply with any order issued under 4VAC25-130-843 or any order incorporated in a final decision issued by the director, except an order incorporated in a decision issued under § 45.2-1021 of the Act.

"Violation notice" means any written notification from a governmental entity of a violation of law or regulation, whether by letter, memorandum, legal or administrative pleading, or other written communication.

"Water table" means the upper surface of a zone of saturation, where the body of ground water is not confined by an overlying impermeable zone.

"Willful" or "willfully" means that a person who authorized, ordered, or carried out an act or omission that resulted in either a violation or the failure to abate or correct a violation acted:

(a) Intentionally, voluntarily, or consciously; and

(b) With intentional disregard or plain indifference to legal requirements.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.11 Applicability

(a) Except as provided in Paragraph (b) of this section, this chapter applies to all coal exploration and surface coal mining and reclamation operations, except--

(1) The extraction of coal by a landowner for his own non-commercial use from land owned or leased by him. Non-commercial use does not include the extraction of coal by one unit of an integrated company or other business or non-profit entity which uses the coal in its own manufacturing or power plants;

(2) The extraction of 250 tons of coal or less by a person conducting a surface coal mining and reclamation operation. A person who intends to remove more than 250 tons is not exempted;

(3) The extraction of coal as an incidental part of Federal, State or local government-financed highway or other construction in accordance with Part 707;

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed 16-2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with Part 702.

(b) The division may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this section. The division shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the division shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal.

(c)(1) The division may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when the division determines in writing that under the permanent program, all requirements imposed under Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia have been successfully completed or, where a performance bond was required, the division has made a final decision in accordance with Part 800 or 801 of this chapter to release the performance bond fully.

(2) Following a termination under Paragraph (d)(1) of this section, the division shall reassert jurisdiction under this chapter over a site if it is demonstrated that the bond release or written determination referred to in Paragraph (d)(1) of this section was based upon fraud, collusion, or misrepresentation of a material fact.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.12 Petitions to initiate rule making

(a) Any person may petition to initiate a proceeding for the issuance, amendment, or repeal of any regulation under the Act. The petition shall be addressed to either the director of the division or the director of the department and mailed or submitted to the division office at Big Stone Gap.

(b) The petition shall be a concise statement of the facts, technical justification, and law which requires issuance, amendment, or repeal of a regulation under the Act and shall indicate whether the petitioner desires a public hearing.

(c) Upon receipt of the petition, the division shall make a preliminary determination whether the petition sets forth facts, technical justification and law which may provide a reasonable basis for issuance, amendment or repeal of a regulation. Facts, technical justification or law previously considered in a petition or rule making on the same issue shall not provide a reasonable basis. The division shall send the preliminary determination to the director, who may hold a public hearing, conduct an investigation or take other action to determine whether the petition should be granted.

(d) Within 90 days of receipt of the petition, the director shall issue a written decision to either grant or deny the petition.

(e) If the director grants the petition, he shall initiate a rule making proceeding pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). If the director denies the petition, he shall notify the petitioner in writing, setting forth the reasons for the denial.

(f) Nothing herein shall be construed as preventing the director from initiating any rule making proceeding on his own motion.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-700.14 Availability of records

(a) Records required by the Act to be made available to the public shall be retained at the division office in Big Stone Gap.

(b) Requests for other documents or records in the possession of the division should be made in accordance with the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.5, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1750-1751 February 2, 1998; amended, Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 16, Issue 15, eff. May 10, 2000; Volume 20, Issue 10, eff. February 25, 2004; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-700.15 Computation of time

(a) Except as otherwise provided, computation of time under this chapter is based on calendar days.

(b) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the division is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

(c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 700.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 701 Permanent Regulatory Program Applicability

4VAC25-130-701.11 Applicability

(a) Any person who conducts surface coal mining operations on non-Indian or non-Federal lands within the Commonwealth of Virginia shall have a permit issued pursuant to requirements of Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia.

(b) Any person who conducts surface coal mining operations on Federal lands located within the Commonwealth of Virginia shall have a permit issued pursuant to Part 740.

(c) The requirements of Subchapter VK shall be effective and shall apply to each surface coal mining and reclamation operation for which the surface coal mining operation is required to obtain a permit under the Act, on the earliest date upon which the Act and this chapter require a permit to be obtained, except as provided in Paragraph (d) of this section.

(d)(1) Each structure used in connection with or to facilitate a coal exploration or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of Subchapter VK, except that--

(i) An existing structure which meets the performance standards of Subchapter VK but does not meet the design requirements of Subchapter VK may be exempted from meeting those design requirements by the division. The division may grant this exemption only as part of the permit application process after obtaining the information required by 4VAC25-130-780.12 or 4VAC25-130-784.12 and after making the findings required in 4VAC25-130-773.15.

(ii) If the performance standard of Subchapter B of 30 CFR Chapter VII is at least as stringent as the comparable performance standard of Subchapter VK, an existing structure which meets the performance standards of Subchapter B of 30 CFR Chapter VII may be exempted by the division from meeting the design requirements of Subchapter VK. The division may grant this exemption only as part of the permit application process after obtaining the information required by 4VAC25-130-780.12 or 4VAC25-30-784.12 and after making the findings required in 4VAC25-130-773.15.

(iii) An existing structure which meets a performance standard of Subchapter B of 30 CFR Chapter VII which is less stringent than the comparable performance standards of Subchapter VK or which does not meet a performance standard of Subchapter VK, for which there was no equivalent performance standards in Subchapter B of 30 CFR Chapter VII, shall be modified or reconstructed to meet the performance and design standards of Subchapter VK pursuant to a compliance plan approved by the division only as part of the permit application as required in 4VAC25-130-780.12 or 4VAC25-130-784.12 and according to the findings required by 4VAC25-130-773.15.

(iv) An existing structure which does not meet the performance standards of Subchapter B of 30 CFR Chapter VII and which the applicant proposes to use in connection with or to facilitate the coal exploration or surface coal mining and reclamation operation shall be modified or reconstructed to meet the performance and design standards of Subchapter VK prior to issuance of the permit.

(2) The exemptions provided in Paragraphs (d)(1)(i) and (d)(1)(ii) of this section shall not apply to -

(i) The requirements for existing and new coal mine waste disposal facilities; and

(ii) The requirements to restore the approximate original contour of the land.

(e)(1) Any person conducting coal exploration on non-Federal and non-Indian lands shall either file a notice of intention to explore or obtain approval of the division, as required by Part 772.

(2) Coal exploration performance standards in Part 815 shall apply to coal exploration on non-Federal and non-Indian lands which substantially disturbs the natural land surface.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 701.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

Part 702 Exemption for Coal Extraction Incidental to the Extraction of Other Minerals

4VAC25-130-702.5 Definitions

As used in this Part, the following terms have the meanings specified, except where otherwise indicated:

(a) Cumulative measurement period means the period of time over which both cumulative production and cumulative revenue are measured.

(1) For purposes of determining the beginning of the cumulative measurement period, subject to the division's approval, the operator must select and consistently use one of the following:

(i) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977, or

(ii) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.

(2) For annual reporting purposes pursuant to 4VAC25-130-702.18, the end of the period for which cumulative production and revenue is calculated is either

(i) For mining areas where coal or other minerals were extracted prior to the effective date of this Part, the last date of the calendar quarter during which this Part became effective, and each anniversary of that day thereafter; or

(ii) For mining areas where extraction of coal or other minerals commenced on or after the effective date of this Part, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.

(b) Cumulative production means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by 4VAC25-130-702.16.

(c) Cumulative revenue means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.

(d) Mining area means an individual excavation site or pit from which coal, other minerals and overburden are removed.

(e) Other minerals means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.5, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.11 Application requirements and procedures

(a)(1) Any person who plans to commence or continue coal extraction after the effective date of this Part, in reliance on the incidental mining exemption shall file a complete application for exemption with the division for each mining area.

(2) A person may not commence coal extraction based upon the exemption until the division approves such application, except as provided in Paragraph (e)(3) of this section.

(b) Existing operations. Any person who has commenced coal extraction at a mining area in reliance upon the incidental mining exemption prior to the effective date of the incidental mining provisions in this chapter may continue mining operations for 60 days after such effective date. Coal extraction may not continue after such 60-day period unless that person files an administratively complete application for exemption with the division. If an administratively complete application is filed within 60 days, the person may continue extracting coal in reliance on the exemption beyond the 60-day period until the division makes an administrative decision on such application.

(c) Additional information. The division shall notify the applicant if the application for exemption is incomplete and may at any time require submittal of additional information.

(d) Public comment period. Following publication of the newspaper notice required by 4VAC25-130-702.12(g), the division shall provide a period of no less than 30 days during which time any person having an interest which is or may be adversely affected by a decision on the application may submit written comments or objections.

(e) Exemption determination.

(1) No later than 90 days after filing of an administratively complete application, the division shall make a written determination whether, and under what conditions, the persons claiming the exemption are exempt under this Part, and shall notify the applicant and persons submitting comments on the application of the determination and the basis for the determination.

(2) The determination of exemption shall be based upon information contained in the application and any other information available to the division at that time.

(3) If the division fails to provide an applicant with the determination as specified in Paragraph (e)(1) of the section, an applicant who has not begun may commence coal extraction pending a determination on the application unless the division issues an interim finding, together with reasons therefor, that the applicant may not begin coal extraction.

(f) Administrative review.

(1) Any adversely affected person may request administrative review of a determination under Paragraph (e) of this section within 30 days of the notification of such determination in accordance with procedures established under § 45.2-1026 of the Code of Virginia.

(2) A petition for administrative review filed under § 45.2-1026 of the Code of Virginia shall not suspend the effect of a determination under Paragraph (e) of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.5, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-702.12 Contents of application for exemption

An application for exemption shall include at a minimum:

(a) The name and address of the applicant;

(b) A list of the minerals sought to be extracted;

(c) Estimates of annual production of coal and the other minerals within each mining area over the anticipated life of the mining operation;

(d) Estimated annual revenues to be derived from bona fide sales of coal and other minerals to be extracted within the mining area;

(e) Where coal or the other minerals are to be used rather than sold, estimated annual fair market values at the time of projected use of the coal and other minerals to be extracted from the mining area;

(f) The basis for all annual production, revenue, and fair market value estimates;

(g) A description, including county, and boundaries of the land, of sufficient certainty that the mining areas may be located and distinguished from other mining areas;

(h) An estimate to the nearest acre of the number of acres that will compose the mining area over the anticipated life of the mining operation;

(i) Evidence of publication, in a newspaper of general circulation in the county of the mining area, of a public notice that an application for exemption has been filed with the division (The public notice must identify the persons claiming the exemption and must contain a description of the proposed operation and its locality that is sufficient for interested persons to identify the operation.);

(j) Representative stratigraphic cross-section(s) based on test borings or other information identifying and showing the relative position, approximate thickness and density of the coal and each other mineral to be extracted for commercial use or sale and the relative position and thickness of any material, not classified as other minerals, that will also be extracted during the conduct of mining activities;

(k) A map of appropriate scale which clearly identifies the mining area;

(l) A general description of mining and mineral processing activities for the mining area;

(m) A summary of sales commitments and agreements for future delivery, if any, which the applicant has received for other minerals to be extracted from the mining area, or a description of potential markets for such minerals;

(n) If the other minerals are to be commercially used by the applicant, a description specifying the use;

(o) For operations having extracted coal or other minerals prior to filing an application for exemption, in addition to the information required above, the following information must also be submitted:

(1) Any relevant documents the operator has received from the division documenting its exemption from the requirements of the Act;

(2) The cumulative production of the coal and other minerals from the mining area; and

(3) Estimated tonnages of stockpiled coal and other minerals; and

(p) Any other information pertinent to the qualification of the operation as exempt.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.13 Public availability of information

(a) Except as provided in Paragraph (b) of this section, all information submitted to the division under this Part shall be made immediately available for public inspection and copying at the offices of the division until at least three years after expiration of the period during which the subject mining area is active.

(b) The division may keep information submitted under this Part confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information of the persons intending to conduct operations under this Part.

(c) Information requested to be held as confidential under Paragraph (b) of this section shall not be made publicly available until after notice and opportunity to be heard is afforded persons both seeking and opposing disclosure of the information.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.14 Requirements for exemption

(a) Activities are exempt from the requirements of this chapter if all of the following are satisfied:

(1) The cumulative production of coal extracted from the mining area determined annually as described in this Paragraph does not exceed 16-2/3 percent of the total cumulative production of coal and other minerals removed during such period for purposes of bona fide sale or reasonable commercial use.

(2) Coal is produced from a geological stratum lying above or immediately below the deepest stratum from which other minerals are extracted for purposes of bona fide sale or reasonable commercial use.

(3) The cumulative revenue derived from the coal extracted from the mining area determined annually shall not exceed 50 percent of the total cumulative revenue derived from the coal and other minerals removed for purposes of bona fide sale or reasonable commercial use. If the coal extracted or the minerals removed are used by the operator or transferred to a related entity for use instead of being sold in a bona fide sale, then the fair market value of the coal or other minerals shall be calculated at the time of use or transfer and shall be considered rather than revenue.

(b) Persons seeking or that have obtained an exemption from the requirements of this chapter shall comply with the following:

(1) Each other mineral upon which an exemption under this Part is based must be a commercially valuable mineral for which a market exists or which is mined in bona fide anticipation that a market will exist for the mineral in the reasonably foreseeable future, not to exceed twelve months from the end of the current period for which cumulative production is calculated. A legally binding agreement for the future sale of other minerals is sufficient to demonstrate the above standard.

(2) If either coal or other minerals are transferred or sold by the operator to a related entity for its use or sale, the transaction must be made for legitimate business purposes.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.15 Conditions of exemption and right of inspection and entry

A person conducting activities covered by this Part shall:

(a) Maintain on-site or at other locations available to authorized representatives of the Division and the Secretary information necessary to verify the exemption including, but not limited to, commercial use and sales information, extraction tonnages, and a copy of the exemption application and exemption approved by the division;

(b) Notify the division upon the completion of the mining operation or permanent cessation of all coal extraction activities; and

(c) Conduct operations in accordance with the approved application or when authorized to extract coal under 4VAC25-130-702.11(b) or 4VAC25-130-702.11(e)(3) prior to submittal or approval of an exemption application in accordance with the provisions of this chapter.

(d) Authorized representatives of the Division and the Secretary shall have the right to conduct inspections of operations claiming exemption under this Part.

(e) Each authorized representative of the Division and the Secretary conducting an inspection under this Part:

(1) Shall have a right of entry to, upon, and through any mining an reclamation operations without advance notice or a search warrant, upon presentation of appropriate credentials;

(2) May, at reasonable times and without delay, have access to and copy any records relevant to the exemption; and

(3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at a site.

(f) No search warrant shall be required with respect to any activity under Paragraphs (d) and (e) of this section, except that a search warrant may be required for entry into a building.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.16 Stockpiling of minerals

(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:

(1) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated based upon the average annual sales, transfer and use from the mining area over the two preceding years; or

(2) For a mining area where coal has been extracted for a period of less than two years, up to an amount that would represent a 12-month supply of the coal required for future sales, transfer or use as calculated based on the average amount of coal sold, transferred or used each month.

(b) Other minerals.

(1) The division shall disallow all or part of an operator's tonnages of stockpiled other minerals for purposes of meeting the requirements of this Part if the operator fails to maintain adequate and verifiable records of the mining area of origin, the disposition of stockpiles or if the disposition of the stockpiles indicates the lack of commercial use or market for the minerals.

(2) The division may only allow an operator to utilize tonnages of stockpiled other minerals for purposes of meeting the requirements of this Part if:

(i) The stockpiling is necessary to meet market conditions or is consistent with generally accepted industry practices; and

(ii) Except as provided in Paragraph (b)(3) of this section, the stockpiled other minerals do not exceed a 12-month supply of the mineral required for future sales as approved by the division on the basis of the exemption application.

(3) The division may allow an operator to utilize tonnages of stockpiled other minerals beyond the 12-month limit established in Paragraph (b)(2) of this section if the operator can demonstrate to the division's satisfaction that the additional tonnage is required to meet future business obligations of the operator, such as may be demonstrated by a legally binding agreement for future delivery of the minerals.

(4) The division may periodically revise the other mineral stockpile tonnage limits in accordance with the criteria established by Paragraphs (b)(2) and (3) of this section based on additional information available to the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-702.17 Revocation and enforcement

(a) The division shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to 4VAC25-130-702.18, an on-site inspection and any other information available to the division.

(b) If the division has reason to believe that a specific mining area was not exempt under the provision of this Part at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, the division shall notify the operator that the exemption may be revoked and the reason(s) therefore. The exemption will be revoked unless the operator demonstrates to the division within 30 days that the mining area in question should continue to be exempt.

(c)(1) If the division finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the division shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the division shall immediately notify the operator and intervenors.

(2) Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under § 45.2-1026 of the Code of Virginia.

(3) A petition for administrative review filed under § 45.2-1026 of the Code of Virginia shall not suspend the effect of a decision whether to revoke an exemption.

(d)(1) An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of this chapter which occurred prior to the revocation of the exemption.

(2) An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of this chapter which occur during the period of such activities.

(3) Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of this chapter with regard to conditions, areas and activities existing at the time of revocation or denial.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.5, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-702.18 Reporting requirements

(a)(1) Following approval by the division of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the division containing the information specified in Paragraph (b) of this section.

(2) The report shall be filed no later than 30 days after the end of the 12-month period as determined in accordance with the definition of "cumulative measurement period" in 4VAC25-130-702.5.

(3) The information in the report shall cover:

(i) Annual production of coal and other minerals and annual revenue derived from coal and other minerals during the preceding 12-month period, and

(ii) The cumulative production of coal and other minerals and the cumulative revenue derived from coal and other minerals.

(b) For each period and mining area covered by the report, the report shall specify:

(1) The number of tons of extracted coal sold in bona fide sales and total revenue derived from such sales;

(2) The number of tons of coal extracted and used or transferred by the operator or related entity and the estimated total fair market value of such coal;

(3) The number of tons of coal stockpiled;

(4) The number of tons of other commercially valuable minerals extracted and sold in bona fide sales and total revenue derived from such sales;

(5) The number of tons of other commercially valuable minerals extracted and used or transferred by the operator or related entity and the estimated total fair market value of such minerals; and

(6) The number of tons of other commercially valuable minerals removed and stockpiled by the operator.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 702.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 705 Restrictions on Financial Interests of State Employees

4VAC25-130-705.4 Responsibility

(a) The Director shall:

(1) Provide advice, assistance, and guidance to all State employees required to file statements pursuant to 4VAC25-130-705.11;

(2) Inform annually each State employee required to file a statement with the Director of the name, address, and telephone number of the person who may be contacted for advice and counseling;

(3) Furnish a blank statement 45 days in advance of the filing date established by 4VAC25-130-705.13(a) to each State employee required to file a statement;

(4) Promptly review the statement of employment and financial interest and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;

(5) Resolve prohibited financial interest situations by ordering or initiating remedial action or by reporting the violation to the Director of the OSM;

(6) Certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;

(7) Submit to the Director of the OSM such statistics and information as the Director of the OSM may request to enable the preparation of the required annual report to Congress;

(8) Submit to the Director of the OSM, the initial listing and the subsequent annual listing of positions as required by 4VAC25-130-705.11(b), (c), and (d).

(b) Employees performing any duties or functions under the Act shall:

(1) Have no direct or indirect financial interest in coal mining operations;

(2) File a fully completed statement of employment and financial interest annually on the specified filing date; and

(3) Comply with directives from persons responsible for approving statements or ordering remedial action.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.11 Who shall file

(a) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director not to involve performance of any function or duty under the Act or who is no longer employed by the Department at the time a filing is due, is not required to file a statement.

(b) The Director shall prepare:

(1) A list of those divisions, offices and sections within the Department which do not perform any functions or duties under the Act; and

(2) A list of the positions not performing functions or duties under the Act for only those divisions, offices and sections that do have employees performing functions or duties under the Act.

(c) Only those employees who are employed in a listed division office or section, or who occupy a listed position will be exempted from the filing requirements of these regulations.

(d) The Director shall submit these lists to the Director of the OSM, together with written justification for inclusion of the positions and the organizations listed.

(e) The Director shall review and update these lists annually. The Director may revise these lists by the addition or deletion of positions and organizations at any time he determines such revisions are required to carry out the purposes of the Act or these regulations. Proposed revisions or certification that revision is not required shall be submitted to the Director of the OSM no later than September 30 of each year. Additions to and deletions from the list of positions are effective upon notification to the incumbents of the positions added or deleted.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.13 When to file

(a) Employees performing functions or duties under the Act shall file annually on February 1 of each year or at such other date as may be specified by the Director with the concurrence of the OSM.

(b) New employees hired, appointed, or transferred to perform functions or duties under the Act will be required to file at the time of entrance to duty.

(c) New employees are not required to file an annual statement on the subsequent annual filing date if this date occurs within two months after their initial statement was filed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.15 Where to file

The Director shall file his statement with the OSM. All other employees, as provided in 4VAC25-130-705.11, shall file their statement with the Director.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.17 What to report

(a) General. Each employee shall report all information required on the statement of employment and financial interests for the employee, the employee's spouse, minor children or other relatives who are full-time residents of the employee's home. The report shall be on OSM form 705-1 provided by the OSM. The statement consists of three major parts, (1) a listing of all financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year, (2) a certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employee as part of the certificate, and (3) a certification by the reviewer that the form was reviewed, that prohibited interests have been resolved, and that no other prohibited interests have been identified from the statement.

(b) Listing of all financial interest. The statement will set forth the following information regarding any financial interest:

(1) "Employment." Any continuing financial interests in business entities and non-profit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. Pension or retirement plans with a guaranteed income need not be reported. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the division.

(2) "Securities." Any financial interest in business entities and non-profit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investment clubs or regulated investment companies not specializing in underground and surface coal mining operations.

(3) "Real Property." Ownership, lease, royalty or other interests or rights in lands or minerals. Employees are not required to report lands developed and occupied for a personal residence.

(4) "Creditors." Debts owed to business entities and non-profit organizations. Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.

(1) The statement will provide for a signed certification by the employee that to the best of his knowledge, (i) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate, and (ii) the information shown on the statement is true, correct, and complete.

(2) An employee is expected to have complete knowledge (i) of personal involvement in business enterprises such as a sole proprietorship and partnership, his outside employment and the outside employment of the spouse and other covered relatives, and (ii) of other corporate or business reports routinely circulated to investors or routinely made available to the public.

(3) The exceptions shown in the employee certification of the form must provide enough information for the Director to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:

(i) List the financial interests;

(ii) Show the number of shares, estimated value or annual income of the financial interests; and

(iii) Include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest.

(4) Employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be cause for imposing the penalties prescribed by law.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.19 Resolving prohibited interests

(a)(1) If an employee has a prohibited financial interest, the Director shall promptly notify the employee in writing, that remedial action which will resolve the prohibited interest is required within 90 days.

(2) Remedial action may include:

(i) Reassignment of the employee to a position which performs no function or duty under the Act, or

(ii) Divestiture of the prohibited financial interest, or

(iii) Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.

(3) If 90 days after an employee is notified to take remedial action that employee is not in compliance with the requirements of the Act and these regulations, the Director shall report the facts of the situation to the Director of the OSM, who, pursuant to Federal regulations is required to determine whether action to impose penalties prescribed under section 517(g) of the Federal Act should be initiated. The report to the Director of the OSM shall include the original or a certified true copy of the employee's statement and any other information pertinent to the determination, including a statement of action being taken at the time the report is made.

(b)(1) If it is determined that the Director has a prohibited financial interest, the Director will comply with remedial action recommended by the OSM within 90 days of notification from the Governor or other State official chosen by the OSM to give notification of such recommended remedial action.

(2) Remedial action should be consistent with the procedures prescribed for other State employees by 4VAC25-130-705.19(a)(2).

(c) The Director shall take steps to assure that employees are notified of additional remedial action to be taken pursuant to recommendations from the OSM and that such actions are carried out.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.21 Appeals procedures

(a) Employees shall have the right to appeal a notification for remedial action under 4VAC25-130-705.19 and shall have 30 days to exercise this right before remedial action is initiated.

(b) An appeal shall be in writing on a standard State grievance form, which shall be submitted in accordance with the procedure specified in Part B of the First Step (Supervisor level) of the State Grievance Procedure. The appeal shall proceed as a grievance in accordance with the State Grievance Procedure, which shall apply for the purposes of appeal under this section to all employees including managerial employees, except agency heads and probationary employees. Nothing in the State Grievance Procedure, however, shall prevent the Director from reporting on the situation to the OSM, nor preclude the OSM from taking its own action against employees.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.22 Penalties for failure to file disclosure statements

Any employee who fails to file the disclosure statement required under 4VAC25-130-705.17 will be subject to removal from his position, and dismissal from the Department.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.23 Other state and local government agencies

(a) The head of each State or local government agency which performs any function or duty under the Act, pursuant to a memorandum of agreement with the Department, or other authorization, shall, prior to such agency commencing functions or duties under the Act, prepare a list of positions within the agency which perform, or will perform, functions or duties under the Act, and shall submit this list to the Director and shall certify that the list contains all positions within the agency which will be performing functions or duties under the Act.

(b) Each employee who occupies a position listed pursuant to Subsection (a) of this section, shall, prior to commencing any function or duty under the Act, complete a statement of employment and financial interest in accordance with 4VAC25-130-705.17 and shall file the statement with the head of the employee's agency. Each such employee shall also complete and file a statement annually, in accordance with 4VAC25-130-705.13.

(c) The head of each State or local agency having positions listed pursuant to Subsection (a) of this section shall be responsible for insuring that each employee who occupies a listed position within the agency receives a form for the statement of employment and financial interest, and that the employee completes the statement. The head of the agency shall collect all completed statements and shall submit them to the Director and shall certify that all employees occupying listed positions have completed and filed the required statement.

(d) The Director shall review the statements and if he finds that there are prohibited financial interests, he shall notify the head of the agency of the employee having the prohibited financial interest. The head of the agency shall promptly notify the employee and take action in accordance with 4VAC25-130-705.19 to resolve the prohibited interest within 90 days of notification to the employee. The head of the agency shall report the result of such actions to the Director. If the employee is not in compliance by the end of the 90-day period, then the Director shall report the facts of the situation to the OSM, and shall take such other steps, including termination or modification of any memorandum of agreement as he deems appropriate.

(e) Members of boards or commissions of other State or local government agencies which perform functions or duties under the Act shall complete and file a statement of employment and financial interest, if such members perform duties or functions under the Act, such as, but not limited to, the adoption of regulations, the issuances of certificates or permits, and the determination of contested cases.

(f) The phrase "performing any function or duty under the Act" as used in this section, shall be construed to mean those functions or duties under the Act which would have been performed by employees of the Department in the absence of a memorandum of agreement between the Department and another State or local government agency or similar authorization.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-705.24 Confidentiality and access to disclosure statements

(a) The provisions of the Virginia Freedom of Information Act ( § 2.2-3700 et seq. of the Code of Virginia) shall apply to statements and information obtained pursuant to these regulations.

(b) All statements of employment and financial interest which are filed pursuant to these regulations, and the information shown thereon, shall be maintained only for the purposes of determining whether there are any direct or indirect financial interests in violation of § 45.2-1005 of the Act, and Section 517(g) of the Federal Act. No other use is authorized.

(c) Access to such statements and information shall be restricted to personnel of the Department and of the U.S. Department of the Interior, and State and Federal enforcement authorities (including the U.S. Justice Department) for the purposes for which the information was collected. Access among personnel of the Department shall be further restricted to only those persons specified by the Director as having regular access to the statements and information.

(d) All such statements and information shall be maintained separate and apart from personnel records and other records to which the public could have access.

(e) The filing and information system where such statements and information are stored shall be identified as restricted access and secured against unauthorized access. The Director shall designate a custodian for records maintained in the Division's Office in Big Stone Gap, and another custodian for records maintained in the Department's Offices in Richmond. The duties of these custodians shall be to maintain restricted access and security for their respective records.

(f) Whenever any employee ceases to occupy a listed position which requires the filing of a statement of employment and financial interest, all such statements then on file from such employee shall be returned to the employee and all information systems purged of the data provided by such statements upon request of the employee. In addition, the custodian of the records where such statements are maintained shall periodically update the records by purging them of statements and information pertaining to employees who no longer occupy listed positions.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-705.25 Gifts and gratuities

(a) Except as provided in Paragraph (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or other similar item of monetary value, from a coal company which:

(1) Conducts or is seeking to conduct, operations or activities that are regulated under the Act; or

(2) Has interests that may be substantially affected by the performance or non-performance of the employee's official duty.

(b) The prohibitions in Paragraph (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employee may accept:

(1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance; and

(2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.

(c) Any employee who violates the provisions of this section shall be subject to dismissal, demotion or suspension from his position of employment, and to such fines and punishments as may be provided by law. An employee may appeal a dismissal, demotion or suspension under this Subsection in accordance with the State Grievance Procedure.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 705.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 707 Exemption for Coal Extraction Incident to Government-Financed Highway Or Other Construction

4VAC25-130-707.11 Applicability

(a) Extraction of coal which is an incidental part of government-financed construction is exempt from the Act and this chapter.

(b) Any person who conducts or intends to conduct coal extraction which does not satisfy Paragraph (a) of this section shall not proceed until a permit has been obtained from the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 707.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-707.12 Information to be maintained on site

Any person extracting coal incident to government-financed highway or other construction who extracts more than 250 tons of coal or affects more than two acres shall maintain, on the site of the extraction operation and available for inspection, documents which show--

(a) A description of the construction project;

(b) The exact location of the construction, right-of-way or the boundaries of the area which will be directly affected by the construction; and

(c) The government agency which is providing the financing and the kind and amount of public financing, including the percentage of the entire construction costs represented by the government financing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 707.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 740 General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands

4VAC25-130-740.1 Scope and purpose

This Subchapter provides for the regulation of surface coal mining and reclamation operations on Federal lands located in the Commonwealth and shall become effective when the Director and the Secretary of the Interior enter into a cooperative agreement pursuant to 30 CFR 745.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-740.4 Responsibilities

(a) The Secretary is responsible for:

(1) Approval, disapproval or conditional approval of mining plans with respect to lands containing leased Federal coal and of modifications thereto, in accordance with the Mineral Leasing Act of 1920, as amended, 30 USC § 181 et seq.;

(2) Execution, modification or termination of State-Federal cooperative agreements in accordance with 30 CFR 745; and

(3) Designation of areas of Federal lands as unsuitable for all or certain types of surface coal mining and reclamation operations, or termination of such designations, in accordance with 30 CFR 769.

(4) Determination of valid existing rights for surface coal mining and reclamation operations on Federal lands within the boundaries of any areas specified under Section 522(e)(1) or (2) of the Federal Act.

(5) Determination that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining and reclamation operations on any Federal lands within the boundaries of any national forest under Section 522(e)(2) of the Federal Act.

(b) The OSM is responsible for:

(1) Providing a decision document recommending to the Secretary approval, disapproval or conditional approval of mining plans and of modifications thereto;

(2) Approval of experimental practices on Federal lands;

(3) Inspection, enforcement and civil penalties with respect to surface coal mining and reclamation operations on Federal lands except as provided in Paragraph (c)(5) of this section;

(4) Processing citizen requests for Federal inspections on Federal lands in accordance with 30 CFR 842, 843 and 845; and

(5) Overseeing the division's administration and enforcement of the State program on Federal lands pursuant to the terms of the cooperative agreement.

(1) Review and approval, conditional approval or disapproval of permit applications for surface coal mining and reclamation operations on Federal lands, revisions or renewals thereof, and applications for the transfer, sale or assignment of such permits;

(2) Consultation with and obtaining the consent, as necessary, of the Federal land management agency with respect to post-mining land use and to any special requirements necessary to protect non-coal resources of the areas affected by surface coal mining and reclamation operations;

(3) Consultation with and obtaining the consent, as necessary, of the Bureau of Land Management with respect to requirements relating to the development, production and recovery of mineral resources on lands affected by surface coal mining and reclamation operations involving leased Federal coal pursuant to 43 CFR 3400;

(4) Approval and release of performance bonds, liability insurance and, as applicable, Federal lessee protection bonds required for surface coal mining and reclamation operations on Federal lands. Approval and release of Federal lessee protection bonds requires the concurrence of the Federal land management agency;

(5) Inspection, enforcement and civil penalty activities for (i) exploration operations not subject to 43 CFR 3480-3487, and (ii) surface coal mining and reclamation operations on Federal lands;

(6) Review and approval of exploration operations not subject to the requirements of 43 CFR 3480-3487; and

(7) Preparation of documentation to comply with the requirements of the National Environmental Policy Act (NEPA) (42 USC § 4321 et seq.), except, the OSM shall continue to be responsible for:

(i) Determining the scope, content and format and ensuring the objectivity of NEPA compliance documents;

(ii) Making the determination of whether or not the preparation of an environmental impact statement is required;

(iii) Notifying and soliciting views of other State and Federal agencies, as appropriate, on the environmental effects of the proposed action;

(iv) Publishing and distributing draft and final NEPA compliance documents;

(v) Making policy responses to comments on draft NEPA compliance documents;

(vi) Independently evaluating NEPA compliance documents; and

(vii) Adopting NEPA compliance documents and determining Federal actions to be taken on alternatives presented in such documents.

(d) The Bureau of Land Management is responsible for:

(1) Receiving and approving exploration plans pursuant to 43 CFR 3480-3487;

(2) Inspection, enforcement and civil penalties with respect to the terms and conditions of coal exploration licenses issued pursuant to 43 CFR 3400;

(3) Inspection, enforcement and civil penalties with respect to the terms and conditions of exploration operations subject to 43 CFR 3480-3487;

(4) Reviewing the resource recovery and protection plan and modifications thereto, as required by 43 CFR 3480-3487 and recommending to the Secretary approval, disapproval or conditional approval of the resource recovery and protection plan;

(5) Inspection, enforcement and civil penalties with respect to the recovery and protection of the coal resource as required by 43 CFR 3480-3487;

(6) Protecting mineral resources not included in the coal lease;

(7) Issuance of exploration licenses for Federal coal subject to the requirements of 43 CFR 3400;

(8) Issuance of leases and licenses to mine Federal coal subject to the requirements of 43 CFR 3400; and

(9) Issuance, readjustment, modification, termination, cancellation, and approval of transfers of Federal coal leases pursuant to the Mineral Leasing Act and the Mineral Leasing Act for Acquired Lands of 1947, as amended, 30 USC § 351 et seq.

(e) The Federal land management agency is responsible for:

(1) Determining post-mining land uses;

(2) Protection of non-mineral resources;

(3) Requiring such conditions as may be appropriate to regulate surface coal mining and reclamation operations under other provisions of law applicable to such lands under its jurisdiction; and

(4) Where land containing leased Federal coal is under the surface jurisdiction of a Federal agency other than the Department of the Interior, concur in the terms of the mining plan approval.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-740.11 Applicability

(a) Upon approval of a cooperative agreement between the Commonwealth and the Secretary this Subchapter shall apply to:

(1) Coal exploration operations on Federal lands not subject to 43 CFR 3480-3487;

(2) Surface coal mining and reclamation operations on lands containing leased Federal coal; and

(3) Surface coal mining and reclamation operations on lands in Virginia where either the coal to be mined or the surface is owned by the United States.

(b) The cooperative agreement shall delineate the responsibilities of the Secretary and the Commonwealth with respect to the administration of the regulatory program and this Subchapter.

(c) Nothing in this Subchapter shall affect in any way the authority of the Secretary or any Federal land management agency to include in any lease, license, permit, contract, or other instrument such conditions as may be appropriate to regulate surface coal mining and reclamation operations under provisions of law other than the Federal Act on land under their jurisdiction.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-740.13 Permits

(a) General requirements.

(1) No person shall conduct surface coal mining operations on lands subject to this Part unless that person has first obtained a permit issued pursuant to this Part.

(2) Every person conducting surface coal mining and reclamation operations on lands subject to this Part shall comply with the terms and conditions of the permit and the lease or license, the Federal Act, 30 CFR Subchapter D, Virginia's regulatory program and all other applicable State and Federal laws and regulations.

(b) Permit application package.

(1) Each application for a permit, or permit revision or renewal thereof to conduct surface coal mining and reclamation operations on lands subject to this Part shall be accompanied by a permit fee required by 4VAC25-130-777.17 and made payable to the Treasurer of Virginia.

(2) Seven copies of the complete permit application package shall be filed with the division.

(3) Each permit application package shall include:

(i) The information required for a permit application or for an application for revision or renewal of a permit pursuant to Subchapter VG;

(ii) The resource recovery and protection plan required by 43 CFR 3480-3487 for operations on lands containing leased Federal coal; and

(iii) Where the proposed operations are on lands containing leased Federal coal, the following supplemental information to ensure compliance with Federal laws and regulations other than the Federal Act:

(A) A description of the affected area of the proposed surface coal mining and reclamation operation with respect to:

(1) Increases in employment, population and revenues to public and private entities, and

(2) the ability of public and private entities to provide goods and services necessary to support surface coal mining and reclamation operations.

(B) An evaluation of impacts to the scenic and aesthetic resources, including noise on the surrounding area, due to the proposed surface coal mining and reclamation operation.

(C) A statement, including maps and ownership data as appropriate, of any cultural or historical sites listed on the National Register of Historic Places within the affected area of the proposed surface coal mining and reclamation operation.

(D) A statement of the classes of properties of potential significance within the disturbed area, and a plan for the identification and treatment, in accordance with 36 CFR 800, of properties significant and listed or eligible for listing on the National Register of Historic Places within the disturbed area of the proposed surface coal mining and reclamation operation.

(E) A description of the probable changes in air quality resulting from the mining operation and any necessary measures to comply with prevention of significant deterioration limitations, State Implementation Plans, or other Federal or State laws for air quality protection.

(F) A description of the location, acreage and condition of important habitats of selected indicator species located within the affected area of the proposed surface coal mining and reclamation operation.

(G) A description of active and inactive nests and prey areas of any Bald or Golden eagles located within the affected area of the proposed surface coal mining and reclamation operations.

(H) A description of all threatened and endangered species and their critical habitats located within the affected area of the proposed surface coal mining and reclamation operations.

(4) Where the surface of the Federal lands is subject to a lease or permit issued by the Federal government to a person other than the applicant, the permit application package shall contain information sufficient to demonstrate compliance with the requirements of 4VAC25-130-740.15(c)(1).

(c) Permit review and processing. Applications for permits, permit revisions or renewals thereof to conduct surface coal mining and reclamation operations on land subject to this Subchapter shall be reviewed and processed in accordance with Subchapter VG, subject to the following additional requirements:

(1) Permit terms and conditions. Permits shall include, as applicable, terms and conditions required by the lease issued pursuant to the Mineral Leasing Act and by other applicable Federal laws and regulations.

(2) Criteria for permit approval or denial. The division shall not approve an application for a permit, or permit revision or renewal thereof for surface coal mining and reclamation operations on lands subject to this Part unless the application is in accordance with the requirements of Subchapter VG and the cooperative agreement.

(3) Public participation in permit review process. Where public hearings were held and determinations made under section 2(a)(3)(A), (B) and (C) of the Mineral Leasing Act (30 USC § 201(a)(3)(A), (B) and (C)), such hearings may be made a part of the record of each public hearing on a permit application held pursuant to the requirements of the Virginia regulatory program and 30 CFR 740. Matters covered at such hearings and determinations made at such hearings need not be readdressed.

(4) Permit review processing for operations on lands administered by a Federal land management agency. Upon receipt of a permit application package or a proposed revision or renewal of an approved permit that involves surface coal mining and reclamation operations on lands administered by an agency of the Federal Government, the division shall transmit a copy of the complete permit application package, or proposed revision or renewal thereof, to the Federal land management agency, with a request for review and comment.

(5) Consultation with other Federal agencies. Prior to approving or disapproving a permit, permit revision or renewal thereof, the division shall consider the comments of the Federal land management agency and include these comments in the record of permit decisions.

(6) Permit processing schedule. The division shall process the permit application package within the time schedule established by 4VAC25-130-773.15, except that the schedule may be extended if necessary to ensure compliance with Federal laws and regulations other than the Federal Act.

(7) Bonds and insurance required for issuance of permits. After the approval of an application for a new or revised permit or for renewal of an existing permit, but prior to issuance of such permit, the applicant/permittee shall file with the division: (i) a performance bond which meets the requirements of Subchapter VJ; (ii) proof of liability insurance in accordance with 4VAC25-130-800.60; and (iii) where required, evidence of the execution of a Federal lessee protection bond.

(d) Review of permit revisions.

(1) The division shall inform the OSM of each request for a permit revision with respect to operations on lands containing leased Federal coal.

(2) The OSM shall review each permit revision in consultation with the Bureau of Land Management and the appropriate Federal land management agency to determine whether the permit revision constitutes a mining plan modification requiring the Secretary's approval under 30 CFR 746.18.

(3) The division shall consult with the Federal land management agency to determine whether any permit revision will adversely affect Federal resources other than coal and whether the revision is consistent with that agency's land use plans for other Federal laws, regulations and executive orders for which it is responsible.

(e) Transfer, assignment or sale of rights.

(1) The division, before approving or disapproving an application for transfer, assignment or sale of rights granted under a permit issued pursuant to this Subchapter, shall consult with the appropriate Federal land management agency and the Bureau of Land Management, as applicable.

(2) Approval of a transfer, assignment or sale of rights granted under a permit issued pursuant to this Subchapter shall not be construed to constitute a transfer or assignment of leasehold interests. Leasehold interests may be transferred or assigned only in accordance with 43 CFR 3453.

(f) Suspension or revocation of permits.

(1) A permit to conduct surface coal mining and reclamation operations on Federal lands may be suspended or revoked by the division in accordance with Part 843.

(2) If a permit to conduct surface coal mining and reclamation operations on lands containing leased Federal coal is suspended or revoked, the division shall notify the Bureau of Land Management so that it may determine whether action should be taken to cancel the Federal lease. This section does not release the Federal lessee from the diligent development or continued operation requirements of 43 CFR 3480-3487.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-740.15 Bonds on federal lands

(a) Federal lease bonds.

(1) Each holder of a Federal coal lease that is covered by a Federal lease bond required under 43 CFR 3474 may apply to the authorized officer of the Federal agency that has administrative jurisdiction over the Federal lands for release of liability for that portion of the Federal lease bond that covers reclamation requirements.

(2) The authorized officer may release the liability for that portion of the Federal lease bond that covers reclamation requirements if:

(i) The lessee has secured a suitable performance bond covering the permit area under this Part;

(ii) There are no pending actions or unresolved claims against existing bonds; and

(iii) The authorized officer has received concurrence from the OSM and the Bureau of Land Management.

(b) Performance bonds. The performance bonds required for operations on Federal lands shall be made payable to the United States and the Commonwealth of Virginia: Director-Division of Mined Land Repurposing.

(1) Where leased Federal coal is to be mined and the surface of the land is subject to a lease or permit issued by the United States for purposes other than surface coal mining, the applicant for a mining permit, if unable to obtain the written consent of the permittee or lessee of the surface to enter and commence surface coal mining operations, shall submit to the division with the application evidence of execution of a bond or undertaking which meets the requirements of this section. The Federal lessee protection bond is in addition to the performance bond required by Subchapter VJ. This section does not apply to permits or licenses for the use of the surface that do not convey to the permittee or licensee the right of transfer, sale or consent to other uses.

(2) The bond shall be payable to the United States for the use and benefit of the permittee or lessee of the surface lands involved.

(3) The bond shall secure payment to the surface estate for any damage which the surface coal mining and reclamation operation causes to the crops or tangible improvements of the permittee or lessee of the surface lands.

(4) The amount of the bond shall be determined either by the applicant and the Federal lessee or permittee, or if an agreement cannot be reached, as determined in an action brought against the person conducting surface coal mining and reclamation operations or upon the bond in a court of competent jurisdiction.

(d) Release of bonds.

(1) A Federal lease bond may be released by the OSM upon satisfactory compliance with all applicable requirements of 43 CFR 3480-3487 and 43 CFR 3400 and after the release is approved by the Bureau of Land Management.

(2) A Federal lessee protection bond shall be released by the OSM upon the written consent of the permittee or lessee.

(3) Where surface coal mining and reclamation operations are subject to an approved mining plan, a performance bond shall be released by the division after the release is approved by the OSM.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-740.17 Inspection, enforcement and civil penalties

(a)(1) General requirements. Under an approved cooperative agreement, Subchapter VL shall govern inspection, enforcement and civil penalty activities by the division with respect to surface coal mining and reclamation operations on Federal lands, while the requirements of 30 CFR 842, 843 and 845 shall govern the OSM inspection, enforcement and civil penalty activities conducted in oversight of Virginia's program.

(2) The requirements of this section shall not apply to coal exploration on Federal lands subject to the requirements of 43 CFR 3480-3487.

(b) Right of entry.

(1) Persons engaging in coal exploration or surface coal mining and reclamation operations on Federal lands shall provide access for any authorized officer of the OSM, the Director, and, as applicable, the Bureau of Land Management or the appropriate Federal land management agency to inspect the operations, without advance notice or a search warrant and upon presentation of appropriate credentials, to determine whether the operations are in compliance with all applicable laws, regulations, notices and orders, and terms and conditions of the permit.

(2) Any authorized representative of the Director and, as applicable, the Bureau of Land Management may, at reasonable times and without delay, have access to and copy any records and inspect any monitoring equipment or method of operation required under the Act, this Subchapter and the permit, lease, license or mining plan in accordance with Paragraph (a) of this section.

(3) No search warrant shall be required with respect to any activity under Paragraph (a) or (b) of this section, except entry into a building without consent of the person in control of the building.

(c) Inspections. Inspections shall, to the extent practical, be conducted jointly if more than one government agency is involved. The division shall coordinate inspections by Federal agencies and may request the participation of representatives from other Federal agencies when necessary to ensure compliance with this Subchapter and other applicable Federal laws, regulations and orders.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-740.19 Performance standards

(a) Operations and reclamation.

(1) Surface coal mining and reclamation operations on lands subject to this Part shall be conducted in accordance with Subchapter VK.

(2) Surface coal mining and reclamation operations on lands containing leased Federal coal shall also be conducted in accordance with the requirements of the terms, conditions and stipulations of the lease issued under the Mineral Leasing Act and its implementing regulations in 43 CFR 3480-3487, as applicable, and the mining plan.

(b) Completion of operations and abandonment.

(1) Upon completion of operations, bonds shall be released in accordance with 4VAC25-130-740.15(d).

(2) Where there is a Federal lease bond:

(i) Not less than 30 days prior to permanent cessation or abandonment of surface coal mining and reclamation operations, the person conducting those operations shall submit to the OSM, in duplicate, a notice of intention to cease or abandon those operations, with a statement of the number of acres affected by the operations, the extent and kind of reclamation accomplished and the structures and other facilities that are to be removed from or remain on the permit area.

(ii) Upon receipt of this notice, the Bureau of Land Management and the appropriate Federal land management agency shall promptly make joint inspections to determine whether all operations have been completed in accordance with the requirements of 43 CFR 3480-3487, the lease or licenses and the mining plan. Where all of these requirements have been complied with, the liability under the lease bond of the person conducting surface coal mining and reclamation operations shall be terminated.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 740.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 761 Areas Designated by Act of Congress

4VAC25-130-761.1 Scope

This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in § 45.2-1028 of the Act for those types of operations on certain Federal, public and private lands in the Commonwealth.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 761.3, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-761.3 Authority

The Director is authorized by § 45.2-1028 of the Act to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, subject to valid existing rights and except for those operations which existed on August 3, 1977.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 13, eff. March 27, 2013; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-761.11 Areas where mining is prohibited or limited

Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment:

(a) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers Systems including, for study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 USC § 1276(a)), a corridor extending at least one-quarter mile from each bank for the length of the segment being studied, and National Recreation Areas designated by Act of Congress;

(b) On any Federal lands within the boundaries of any national forest; provided, however, that surface coal mining operations may be permitted on such lands, if the Secretary finds that there are no significant recreational, timber, economic, or other values which may be incompatible with surface coal mining operations; and surface operations and impacts are incident to an underground coal mine.

(c) On any lands where mining will adversely affect any publicly owned park or any place included in the National Register of Historic Places, unless approved jointly by the division and the Federal, State, or local agency with jurisdiction over the park or place;

(d) Within 100 feet, measured horizontally, of the outside right-of-way line of any public road, except--

(1) Where mine access roads or haulage roads join such right-of-way line; or

(2) Where the division or the appropriate public road authority, pursuant to being designated as the responsible agency by the Director, allows the public road to be relocated, closed, or the area affected to be within 100 feet of such road, after--

(i) Public notice and opportunity for a public hearing in accordance with 4VAC25-130-761.12(d); and

(ii) Making a written finding that the interests of the affected public and landowners will be protected;

(e) Within 300 feet, measured horizontally, of any occupied dwelling, except when--

(1) The owner of the dwelling has provided a written waiver consenting to surface coal mining operations closer than 300 feet; or

(2) The part of the mining operation which is within 300 feet of the dwelling is a haul road or access road which connects with an existing public road on the side of the public road opposite the dwelling;

(f) Within 300 feet measured horizontally of any public building, school, church, community or institutional building or public park; or

(g) Within 100 feet measured horizontally of a cemetery.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 761.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-761.12 Procedures

(a) Upon receipt of a complete application for a surface coal mining and reclamation operation permit, the division shall review the application to determine whether surface coal mining operations are limited or prohibited under 4VAC25-130-761.11 on the lands which would be disturbed by the proposed operations.

(b)(1) Where the proposed operation would be located on any lands listed in 4VAC25-130-761.11(a), (f), or (g), the division shall reject the application if the applicant has no valid existing rights for the area, or if the operation did not exist on August 3, 1977.

(2) If the division is unable to determine whether the proposed operation is located within the boundaries of any of the lands in 4VAC25-130-761.11(a) or closer than the limits provided in 4VAC25-130-761.11(f) and (g), the division shall transmit a copy of the relevant portions of the permit application to the appropriate Federal, State, or local government agency for a determination or clarification of the relevant boundaries or distances, with a notice to the appropriate agency that it has 30 days from receipt of the request in which to respond. The National Park Service or the U.S. Fish and Wildlife Service shall be notified of any request for a determination of valid existing rights pertaining to areas within the boundaries of areas under their jurisdiction and shall have 30 days from receipt of the notification in which to respond. The division, upon written request by the appropriate agency, shall grant an extension to the 30-day period of an additional 30 days. If no response is received within the 30-day period or within the extended period granted, the division may make the necessary determination based on the information it has available.

(c) Where the proposed operation would include Federal lands within the boundaries of any national forest, and the applicant seeks a determination that mining is permissible under 30 CFR 761.11(b), the applicant shall submit a permit application to the Director of the OSM for processing under 30 CFR Subchapter D. Before acting on the permit application, the Director of the OSM shall ensure that the Secretary's determination has been received and the findings required by Section 522(e)(2) of the Federal Act have been made.

(d) Where the mining operation is proposed to be conducted within 100 feet, measured horizontally, of the outside right-of-way line of any public road (except as provided in 4VAC25-130-761.11(d)(2)) or where the applicant proposes to relocate or close any public road, the division or public road authority designated by the Director shall--

(1) Require the applicant to obtain necessary approvals of the authority with jurisdiction over the public road;

(2) Provide an opportunity for a public hearing in the locality of the proposed mining operation for the purpose of determining whether the interests of the public and affected landowners will be protected;

(3) If a public hearing is requested in writing, provide advance notice of the public hearing, to be published in a newspaper of general circulation in the affected locale at least 2 weeks prior to the hearing; and

(4) Make a written finding based upon information received at the public hearing within 30 days after completion of the hearing, or after any public comment period ends if no hearing is held, as to whether the interests of the public and affected landowners will be protected from the proposed mining operation. No mining shall be allowed within 100 feet of the outside right-of-way line of a road, nor may a road be relocated or closed, unless the division or public road authority determines that the interests of the public and affected landowners will be protected.

(e)(1) Where the proposed surface coal mining operations would be conducted within 300 feet, measured horizontally, of any occupied dwelling, the permit applicant shall submit with the application a written waiver by lease, deed, or other conveyance from the owner of the dwelling, clarifying that the owner and signator had the legal right to deny mining and knowingly waived that right. The waiver shall act as consent to such operations within a closer distance of the dwelling as specified.

(2) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine within 300 feet of such dwelling, a new waiver shall not be required.

(3)(i) Where the applicant for a permit after August 3, 1977, had obtained a valid waiver from the owner of an occupied dwelling, that waiver shall remain effective against all persons acquiring any interest in the dwelling, whether by purchase, gift, as a creditor, or in any other way, who had actual or constructive knowledge of the existing waiver at the time of acquisition of the interest.

(ii) All persons acquiring any interest, whether by purchase, gift, as a creditor or in any other way, in a dwelling, after a valid waiver has been obtained under this Paragraph (e), shall be considered to have constructive knowledge of the waiver if the waiver has been properly recorded in the Clerk's Office of the Circuit Court of the county or city in which the dwelling is located, or if the mining has proceeded to within the 300-foot limit prior to the date of acquisition.

(f)(1) Where the division determines that the proposed surface coal mining operation will adversely affect any publicly owned park or any place included in the National Register of Historic Places, the division shall transmit to the Federal, State, or local agency with jurisdiction over the publicly owned park or publicly owned National Register place a copy of applicable parts of the permit application, together with a request for that agency's approval or disapproval of the operation, and a notice to that agency that it has 30 days from receipt of the request within which to respond and that failure to interpose a timely objection will constitute approval. The division, upon written request by the appropriate agency, may grant an extension to the 30-day period of an additional 30 days. Failure to interpose an objection within 30 days or the extended period granted shall constitute an approval of the proposed permit application.

(2) A permit for the operation shall not be issued unless jointly approved by all affected agencies;

(g) If the division determines that the proposed surface coal mining operation is not prohibited under § 45.2-1028 of the Act and this Part, the Director may nevertheless, pursuant to appropriate petitions, designate such lands as unsuitable for all or certain types of surface coal mining operations pursuant to Part 762 or 764.

(h) A determination by the division that a person holds or does not hold valid existing rights or that surface coal mining operations did or did not exist on the date of enactment shall be subject to administrative and judicial review under 4VAC25-130-775.11 and 4VAC25-130-775.13.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 13, eff. March 27, 2013; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-761.13 Exception for existing operations

The prohibitions and limitations of 4VAC25-130-761.11 do not apply to surface coal mining operations for which a valid permit issued under Subchapter VG of this chapter exists when the land comes under the protection of 4VAC25-130-761.11. This exception applies only to lands within the permit area as it exists when the land comes under the protection of 4VAC25-130-761.11.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-761.16 Submission and processing of requests for valid existing rights determinations

A. Basic framework for valid existing rights determinations. 30 CFR 761.16(a) identifies the agency responsible for making a valid existing rights determination and the definition that it must use based upon which subsection of 30 CFR 761.11 or 4VAC25-130-761.11 applies and whether the request includes federal lands.

B. A request for a valid existing rights determination must be submitted to the division if a person intends to conduct surface coal mining operations on the basis of valid existing rights under 4VAC25-130-761.11 or wishes to confirm the right to do so. The request may be submitted before the person prepares and submits an application for a permit or boundary revision for the land.

The person must provide a property rights demonstration under the definition of valid existing rights if the request relies upon the good faith/all permits or the needed for and adjacent standard set forth in 4VAC25-130.700.5. For the land subject to the request, the demonstration must include:

a. A legal description of the land;

b. Complete documentation of the character and extent of the person's current interests in the surface and mineral estates of the land;

c. A complete chain of title for the surface and mineral estates of the land;

d. A description of the nature and effect of each titles instrument that forms the basis of the request, including any provision pertaining to the type or method of mining or mining-related surface disturbances and facilities;

e. A description of the type and extent of surface coal mining operations that the person claims the right to conduct, including the method of mining, any mining-related surface activities and facilities, and an explanation of how those operations would be consistent with Virginia property law;

f. Complete documentation of the nature and ownership, as of the date that the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11, of all property rights for the surface and mineral estates;

g. Names and addresses of the current owners of the surface and mineral estates of the land;

h. If the coal interests have been severed from other property interests, documentation that the person has notified and provided reasonable opportunity for the owners of other property interests in the land to comment on the validity of the person's property rights claims; and

i. Any comments that the person receives in response to the notification provider under subdivision 1 h of this subsection.

If the request relies upon the good faith/all permits standard in subdivision (b)(1) of the valid existing rights definition in 4VAC25-130-700.5, the person must also submit the following information about permits, licenses, and authorizations for surface coal mining operations on the land subject to the request that the person or predecessor in interest obtained, submitted, or made:

a. Approval and issuance dates and identification numbers for any permits, licenses, and authorizations obtained before the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11.

b. Application dates and identification numbers for any permits, licenses, and authorizations submitted before the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11.

c. An explanation of any other good faith effort made to obtain the necessary permits, licenses, and authorizations as of the date that the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11

If the request relies upon the needed for and adjacent standard in subdivision (b)(2) of the valid existing rights definition in 4VAC25-130-700.5, the person must explain how and why the land is needed for and immediately adjacent to the operation upon which the request is based, including a demonstration that prohibiting expansion of the operation onto that land would unfairly impact the viability of the operation as originally planned before the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11
If the request relies upon one of the standards for roads in subdivision (c) of the valid existing rights definition in 4VAC25-130-700.5, the person must submit satisfactory documentation that:

a. The road existed when the land upon which it is located came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11 and the person has a legal right to use the road for surface coal mining operations;

b. A properly recorded right of way or easement for a road in that location existed when the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11 and under the document creating the right of way or easement and under any subsequent conveyances, the person has a legal right to use or construct a road across that right of way or easement to conduct surface coal mining operations; or

c. A valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11.

C. Initial review of request.

The division must conduct an initial review to determine whether the request includes all applicable components of the submission requirements of subsection B of this section. The review pertains only to the completeness of the request, not the legal or technical adequacy of the materials submitted.
If the request does not include all applicable components of the submission requirements of subsection B of this section, the division must notify the person and establish a reasonable time for submission of the missing information. Should the person not provide the information requested by the division under this subdivision within the time specified or as subsequently extended, the division must issue a determination under subdivision E 4 of this section that the person has not demonstrated valid existing rights.
When the request includes all applicable components of the submission requirements of subsection B of this section, the division must implement the notice and comment requirements of subsection D of this section.

D. 1. When the division determines that the request satisfies the completeness requirements of subsection C of this section, it shall publish a notice in a newspaper of general circulation in the county in which the land is located inviting public comment on the merits of the request. OSM will publish a similar notice in the Federal Register if the request involves federal lands within an area listed in 4VAC25-130-761.11 (a) or (b). The public notice must include:

a. The location of the land to which the request pertains.

b. A description of the type of surface coal mining operations planned.

c. A reference to and brief description of the applicable standard or standards under the definition of valid existing rights in 4VAC25-130-700.5.

(1) If the request relies upon the good faith/all permits or the needed for and adjacent standard set forth in the valid existing rights definition in 4VAC25-130-700.5, the notice must include a description of the property rights that the person claims and the basis for the claim.

(2) If the request relies upon the road standard set forth in subdivision (c) (1) of the valid existing rights definition in 4VAC25-130-700.5, the notice must include a description of the basis for the claim that the road existed when the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11. In addition, the notice must include a description of the basis for the claim that the person has a legal right to use that road for surface coal mining operations.

(3) If the request relies upon the standard in subdivision (c) (2) of the valid existing rights definition in 4VAC25-130-700.5, the notice must include a description of the basis for the claim that a properly recorded right of way or easement for a road in that location existed when the land came under the protection of § 45.2-1028 of the Code of Virginia or 4VAC25-130-761.11. In addition, the notice must include a description of the basis for the claim that, under the document creating the right of way or easement, and under any subsequent conveyances, the person has a legal right to use or construct a road across the right of way or easement to conduct surface coal mining operations.

d. If the request relies upon one or more of the standards in subdivisions (b) and (c) (1) and (c) (2) of the valid existing rights definition in 4VAC25-130-700.5, a statement that the division will not make a decision on the merits of the request if, by the close of the comment period under the notice or the notice required by subdivision 3 of this subsection, a person with a legal interest in the land initiates appropriate legal action in the proper venue to resolve any differences concerning the validity or interpretation of the deed, lease, easement, or other documents that form the basis of the valid existing rights claim.

e. A description of the procedures the division will follow in processing the request.

f. The closing date of the public comment period, which shall be a minimum of 30 days after the notice's publication date.

g. A statement that interested persons may request, in writing, from the division a 30-day extension of the public comment period. The extension request shall set forth with reasonable specificity the reasons the commenter needs the additional time to submit comments.

h. Include the division office's address where a copy of the valid existing rights request is available for public inspection and where comments and requests for extension of the comment period should be sent.

The division must promptly provide a copy of the notice required under subdivision 1 of this subsection to:

a. All reasonably locatable owners of surface and mineral estates in the land included in the valid existing rights request.

b. The owner of the feature causing the land to come under the protection of 4VAC25-130-761.11, and when applicable, the agencies with primary jurisdiction over the feature with respect to the values causing the land to come under the protection of 4VAC25-130-761.11.

The notice required under subdivision 2 of this subsection must provide a 30-day comment period and specify that an additional 30 days may be granted for good cause shown at the discretion of the division or agency responsible for the valid existing rights determination.

E.1. The division or agency responsible for making the valid existing rights determination must review the materials submitted under subsection B of this section, comments received under subsection D of this section, and any other relevant, reasonably available information to determine whether the record is sufficiently complete and adequate to support a decision on the merits of the request. If not, the division must notify the person in writing explaining the inadequacy of the record and requesting submittal within a specified reasonable time of any additional information that the division deems necessary to remedy the inadequacy.

Once the record is complete and adequate, the division must make a determination as to whether valid existing rights have been demonstrated. The division's decision must explain how the person has or has not satisfied all applicable elements of the valid existing rights definition under 4VAC25-130-700.5, contain findings of fact and conclusions, and specify the reasons for the conclusions.
When the request relies upon one or more of the standards in subdivisions (b) and (c) (1) and (2) of the valid existing rights definition in 4VAC25-130-700.5, the division:

a. Must issue a determination that the person has not demonstrated valid existing rights if the property rights claim is the subject of pending litigation in a court or administrative body with the jurisdiction over the property rights in question. The division will make the determination without prejudice, meaning that the person may refile the request once the property rights dispute is finally adjudicated. This applies only to situations in which legal action has been initiated as of the closing date of the comment period under subdivisions D 1 and 3 of this section.

b. If the record indicates disagreement of the accuracy of the person's property rights claim, but the disagreement is not the subject of pending litigation in a court or administrative agency of competent jurisdiction, must evaluate the merits of the information in the record and determine whether the person has demonstrated that the requisite property rights exist under subdivision (a), (c) (1) or (c) (2) of the valid existing rights definition in 4VAC25-130-700.5, as appropriate. The division must then proceed with the decision process under subdivision 2 of this subsection.

The division must issue a determination that the person has not demonstrated valid existing rights if the person does not submit information that the division requests under subdivision C 2 of this section or subdivision 1 of this subsection within the time specified or as subsequently extended. The division will make the determination without prejudice, meaning the person may refile a revised request at any time.
After making a valid existing rights determination, the division shall:

a. Provide a copy of the determination with an explanation of appeal rights and procedures to the person seeking the determination, owner or owners of the land to which the determination applies, owner of the feature causing the land to come under the protection of 4VAC25-130-761.11, and, when applicable, the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 4VAC25-130-761.11.

b. Publish notice of the determination in a newspaper of general circulation in the county in which the land is located. The federal Office of Surface Mining Reclamation and Enforcement (OSMRE) will publish the determination, together with an explanation of appeal rights and procedures in the Federal Register if the request includes federal lands within an area listed in 4VAC25-130-761.11 (a) or (b).

F. The division's valid existing rights determination shall be subject to administrative and judicial review under 4VAC25-130-775.11 and 4VAC25-130-775.13.

G. The division must make a copy of the valid existing rights determination request available to the public as provided by 4VAC25-130-773.13 (d) and the records associated with that request, and any subsequent determination under subsection E of this section, available to the public in accordance with 4VAC25-130-840.14.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 13, eff. March 27, 2013; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

Part 762 Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations

4VAC25-130-762.1 Scope and responsibility

This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. The Director and the division shall use the criteria in this Part for the evaluation of each petition for the designation of areas as unsuitable for surface coal mining operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 762.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-762.11 Criteria for designating lands as unsuitable

(a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Director determines that reclamation is not technologically and economically feasible under the Act and this chapter.

(b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:

(1) Be incompatible with existing Federal, State or local land use plans or programs;

(2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems;

(3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or

(4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 762.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994.

4VAC25-130-762.13 Land exempt from designation as unsuitable for surface coal mining operations

The requirements of this Part do not apply to:

(a) Lands on which surface coal mining operations were being conducted on August 3, 1977;

(b) Lands covered by a permit issued under the Act; or

(c) Lands where substantial legal and financial commitments in surface coal mining operations were in existence prior to January 4, 1977.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 762.13, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984, June 22, 1984, August 2, 1984, October 16, 1985, January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994.

4VAC25-130-762.14 Exploration on land designated as unsuitable for surface coal mining operations

Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to § 45.2-1028 of the Act and this Subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter, and other applicable requirements. Exploration operations on any lands designated unsuitable for surface coal mining operations must be approved by the division under Part 772 to ensure that exploration does not interfere with any value for which the area has been designated unsuitable for surface coal mining operations.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 762.14, eff. December 15, 1981; amended, eff. June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984, June 22, 1984, August 2, 1984, October 16, 1985, January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, and October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

Part 764 Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations

4VAC25-130-764.11 General process requirements

The Director's decisions concerning unsuitability petitions shall be based upon competent, scientifically sound data and relevant information and shall include the processes and requirements of this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-764.13 Petitions

(a) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the Director to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this action, a person having an interest which is or may be adversely affected must demonstrate how he meets an "injury in fact" test by describing the injury to his specific affected interests and demonstrate how he is among the injured.

(b) Designation. A complete petition for designation shall include:

(1) The petitioner's name, address, telephone number, and notarized signature;

(2) A statement of whether the petitioner is an individual, an association, sole proprietorship, partnership, corporation, or other entity. If the petitioner is an entity other than an individual, the petition shall contain the names and addresses of the principals, officers, and the resident agent of the petitioner;

(3) Identification of the petitioned area, including its location and size, and a U.S. Geological Survey topographic map clearly outlining the perimeter of the petitioned area;

(4) An identification of the petitioner's interest which is or may be adversely affected by surface coal mining operations, including a statement demonstrating how the petitioner satisfies the requirements of Paragraph (a) of this section;

(5) The owners and lessees, if known, of the surface and mineral property of the area covered by the petition;

(6) A description of how mining of the area has affected or may adversely affect people, land, air, water, or other resources, including the petitioner's interests; and

(7) Allegations of fact and supporting evidence, covering all lands in the petition area, which tend to establish that the area is unsuitable for surface coal mining operations, pursuant to specific criteria of § 45.2-1028 of the Act, assuming that contemporary mining practices required under the Act would be followed if the area were to be mined. Each of the allegations of fact should be specific as to the mining operation, if known, and the portion(s) of the petitioned area and petitioner's interests to which the allegation applies and be supported by evidence that tends to establish the validity of the allegations for the mining operation or portion of the petitioned areas.

(8) The Director or the division may request that the petitioner provide other supplementary information which is readily available.

(1) The petitioner's name, address, telephone number, and notarized signature;

(2) Statement of whether the petitioner is an individual, an association, sole proprietorship, corporation, or other entity. If the petitioner is an entity other than an individual, the petition shall contain the names and addresses of the principals, officers, directors, and resident agent of the petitioner;

(3) Identification of the petitioned area, including its location and size and a U.S. Geological Survey topographic map clearly outlining the perimeter of the petitioned area to which the termination petition applies;

(4) An identification of the petitioner's interest which is or may be adversely affected by the designation that the area is unsuitable for surface coal mining operations including a statement demonstrating how the petitioner satisfies the requirements of Paragraph (a) of this section;

(5) The owners and lessees, if known, of the surface and mineral property of the area covered by the petition;

(6) Allegations of fact covering all lands for which the termination is proposed. Each of the allegations of fact shall be specific as to the mining operation, if any, and to portions of the petitioned area and the petitioner's interests to which the allegation applies. The allegations shall be supported by evidence, not contained in the record of the designation proceeding, that tends to establish the validity of the allegations for the mining operation or portion of the petitioned area, assuming that contemporary mining practices required under the Act would be followed were the area to be mined. For areas previously and unsuccessfully proposed for termination, significant new allegations of facts and supporting evidence must be presented in the petition. Allegations and supporting evidence should also be specific to the basis for which the designation was made and tend to establish that the designation should be terminated on the following bases:

(i) Nature or abundance of the protected resource or condition or other basis of the designation if the designation was based on criteria found in 4VAC25-130-762.11(b);

(ii) Reclamation now being technologically and economically feasible if the designation was based on the criteria found in 4VAC25-130-762.11(a); or

(iii) Resources or conditions not being affected by surface coal mining operations, or in the case of land use plans, not being incompatible with surface coal mining operations during and after mining, if the designation was based on criteria found in 4VAC25-130-762.11(b).

(7) The Director or the division may request that the petitioner provide other supplementary information which is readily available.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-764.15 Initial processing, recordkeeping, and notification requirements

(a)(1) Within 60 days of receipt of a petition, the division shall notify the petitioner by certified mail whether the petition is complete under 4VAC25-130-764.13(b) or (c). Complete, for a designation or termination petition, means that the information required under 4VAC25-130-764.13(b) or (c) has been provided.

(2) The division shall determine whether any identified coal resources exist in the area covered by the petition, without requiring any showing from the petitioner. If the division finds there are not any identified coal resources in that area, the Director shall return the petition to the petitioner with a statement of the findings.

(3) If the Director determines that the petition is incomplete, frivolous, or that the petitioner does not meet the requirements of 4VAC25-130-764.13(a), he shall return the petition to the petitioner with a written statement of the reasons for the determination and the categories of information needed to make the petition complete. A frivolous petition is one in which the allegations of harm lack serious merit.

(4) When considering a petition for an area which was previously and unsuccessfully proposed for designation, the division shall determine if the new petition presents significant new allegations of facts with evidence which tends to establish the allegations. If the petition does not contain such material, the Director may choose not to consider the petition and may return the petition to the petitioner, with a statement of his findings and a reference to the record of the previous designation proceedings where the facts were considered.

(5) The Director shall notify the person who submits a petition of any application for a permit received which includes any area covered by the petition.

(6) The Director may determine not to process any petition received insofar as it pertains to lands for which an administratively complete permit application has been filed and the first newspaper notice has been published. Based on such a determination, the division may issue a decision on a complete and accurate permit application and the Director shall inform the petitioner why he cannot consider the part of the petition pertaining to the proposed permit area.

(b)(1) Promptly after a petition is received, the Director shall notify the general public of the receipt of the petition by a newspaper advertisement placed in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area and in the Virginia Register of Regulations. The Director shall make copies of the petition available to the public and shall provide copies of the petition to other interested governmental agencies, intervenors, persons with an ownership interest of record in the property, and other persons known to the Director to have an interest in the property. Notice to the person with an ownership interest of record in the property shall be by certified mail.

(2) Promptly after the determination that a petition is complete, the Director shall request submissions from the general public of relevant information by a newspaper advertisement placed once a week for two consecutive weeks in the locale of the area covered by the petition, in the newspaper providing broadest circulation in the region of the petitioned area, and in the Virginia Register of Regulations.

(c) Until three days before the Director holds a hearing under 4VAC25-130-764.17, any person may intervene in the proceeding by filing allegations of facts describing how the designation determination directly affects the intervenor, supporting evidence, a short statement identifying the petition to which the allegations pertain, and the intervenor's name, address and telephone number.

(d) Beginning from the date a petition is filed, the Director shall compile and maintain a record consisting of all documents relating to the petition filed with or prepared by the Director. The Director shall make the record available to the public for inspection, free of charge, and for copying at reasonable cost during all normal hours at the Director's Richmond office and the Division's Big Stone Gap office. The division shall also maintain information at a public office or public building in the area in which the petitioned area is located and make this information available to the public for inspection free of charge and for copying at reasonable cost during all normal business hours. At a minimum, this information shall include a copy of the petition.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-764.17 Hearing requirements

(a) Within 3 months, but no later than 10 months, following the receipt of a complete petition, the Director shall hold a public hearing in the locality of the area covered by the petition. In cases where a petition is filed prior to the first newspaper notice publication, required by 4VAC25-130-773.13(a)(1) pursuant to an administratively complete permit application, the Director shall conduct a hearing within 3 months, unless it is determined that due to the complexity of the issues additional time is necessary to prepare for the hearing, in which case, the time limit may be extended to the maximum of 10 months. If all petitioners and intervenors agree, the hearing need not be held. The hearing shall be fact finding in nature. The Hearing Officer is empowered to administer oaths and may at his discretion allow rebuttal of witnesses and cross-examination and rebuttal of expert witnesses. Parties to the hearing may subpoena witnesses as necessary. The Hearing Officer shall make a verbatim record of the hearing which shall be preserved according to State law. No person shall bear the burden of proof or persuasion. The Hearing Officer shall send a copy of the record, any exhibits, and his recommended findings and decision to the Director and to each party to the proceeding. Parties to the proceeding may file exceptions to the recommended findings and decision to the Director. In addition to the Hearing Officer decision and recommendation all relevant parts of the data base and public comments received during the comment period and the complete administrative record shall be forwarded to the Director by the division, to be included in the Director's decision on the petition.

(b)(1) The Director shall give notice of the date, time, and location of the hearing to:

(i) Local, State, and Federal agencies which may have an interest in the decision on the petition;

(ii) The petitioner and the intervenors; and

(iii) Any person known by the Director to have a property interest in the petitioned area.

(2) Notice of the hearing shall be sent by certified mail to petitioners and intervenors, and by regular mail to government agencies and property owners involved in the proceeding, and postmarked not less than 30 days before the scheduled date of the hearing.

(c) The Director shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for two consecutive weeks in the locale of the area covered by the petition and once during the week prior to the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing.

(d) The Director may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.

(e) Prior to designating any land areas as unsuitable for surface coal mining operations, the Director shall prepare a detailed statement, using existing and available information on the potential coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, the economy, and the supply of coal.

(f) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-764.19 Decision

(a) In reaching his decision, the Director shall use:

(1) The information contained in the data base and inventory system as required by 4VAC25-130-764.21;

(2) Information provided by other governmental agencies;

(3) The detailed statement when it is prepared under 4VAC25-130-764.17(e); and

(4) Any other relevant information submitted during the comment period.

(b) A final written decision shall be issued by the Director, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Director shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.

(c) The decision of the Director with respect to a petition, or the failure of the Director to act within the time limits set forth in this section, shall be subject to judicial review by a court of competent jurisdiction in accordance with § 45.2-1027 of the Act and 4VAC25-130-775.13. All relevant portions of the data base, inventory system, and public comments received during the public comment period set by the Director shall be considered and included in the record of the administrative proceeding.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-764.21 Data base and inventory system requirements

(a) The Department shall develop and maintain a data base and inventory system which will permit evaluation of whether reclamation is feasible in areas covered by petitions.

(b) The Department shall include in the system information relevant to the criteria in 4VAC25-130-762.11, including, but not limited to, information received from the United States Fish and Wildlife Service, the State Historic Preservation Officer, and the Department of Environmental Quality which administers Section 127 of the Clean Air Act, as amended (42 USC § 7420 et seq.).

(1) On potential coal resources of the Commonwealth, demand for those resources, the environment, the economy and the supply of coal, sufficient to enable the Director to prepare the statements required by 4VAC25-130-764.17(e); and

(2) That becomes available from petitions, publications, experiments, permit applications, mining and reclamation operations, and other sources.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-764.23 Public information

The Director shall:

(a) Make the information in the data base and inventory system developed under 4VAC25-130-764.21 available to the public for inspection free of charge and for copying at reasonable cost, except that specific information relating to location of properties proposed to be nominated to, or listed in, the National Register of Historic Places need not be disclosed if the Director determines that the disclosure of such information would create a risk of destruction or harm to such properties;

(b) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface coal mining operations or to have designations terminated and describe how the inventory and data base system can be used.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-764.25 Responsibility for implementation

(a) The division shall not issue permits which are inconsistent with designations made pursuant to Part 761, 762, or 764.

(b) The Department shall maintain a map or other unified and cumulative record of areas designated unsuitable for all or certain types of surface coal mining operations.

(c) The division shall make available to any person any information within its control regarding designations, including mineral or elemental content which is potentially toxic in the environment but excepting proprietary information on the chemical and physical properties of the coal.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 764.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 772 Requirements for Coal Exploration

4VAC25-130-772.1 Scope and purpose

This Part establishes the requirements and procedures applicable to coal exploration operations on all lands except for Federal lands subject to the requirements of 43 CFR Parts 3480-3487.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-772.11 Notice requirements for exploration removing 250 tons of coal or less

(a) Any person who intends to conduct coal exploration operations outside a permit area during which 250 tons or less of coal will be removed shall, before conducting the exploration, file with the division a written notice of intention to explore. Exploration which will take place on lands designated as unsuitable for surface coal mining operations under Subchapter VF, shall be subject to the permitting requirements under 4VAC25-130-772.12. Exploration conducted under a notice of intent shall be subject to the requirements prescribed under 4VAC25-130-772.13.

(b) The notice shall include-

(1) The name, address, and telephone number of the person seeking to explore;

(2) The name, address, and telephone number of the person's representative who will be present at, and responsible for, conducting the exploration activities;

(3) A narrative describing the proposed exploration area and map, at a scale of 1:24,000 or larger, showing the proposed area of exploration and the general location of drillholes and trenches, existing and proposed roads, occupied dwellings, topographic features, bodies of surface water, and pipelines.

(4) A statement of the period of intended exploration; and

(5) A description of the method of exploration to be used and the practices that will be followed to protect the environment from adverse impacts of coal exploration and to reclaim the area of the exploration activities.

(6) Any person who conducts coal exploration activities pursuant to this section which substantially disturb the natural land surface shall comply with Part 815.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-772.12 Permit requirements for exploration removing more than 250 tons of coal, or occurring on lands designated as unsuitable for surface coal mining ...

(a) Exploration permit. Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under Subchapter VF shall, before conducting the exploration, submit an application and obtain written approval from the division in an exploration permit. Such exploration shall be subject to the requirements prescribed under 4VAC25-130-772.13 and 4VAC25-130-772.14.

(b) Application Information. Each application for an exploration permit shall contain, at a minimum, the following information:

(1) The name, address, and telephone number of the applicant.

(2) The name, address, and telephone number of the applicant's representative who will be present at, and responsible for conducting the exploration activities.

(3) A narrative describing the proposed exploration area.

(4) A narrative description of the methods and equipment to be used to conduct the exploration and reclamation.

(5) An estimated timetable for conducting and completing each phase of the exploration and reclamation.

(6) The estimated amount of coal to be removed and a description of the methods to be used to determine the amount.

(7) A statement of why extraction of more than 250 tons of coal is necessary for exploration.

(8) A description of:

(i) Cultural or historic resources listed in the National Register of Historic Places;

(ii) Cultural or historic resources known to be eligible for listing on the National Register for Historic Places; and

(iii) Known archeological resources located within the proposed exploration area.

(9) A description of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC § 1531 et seq.) identified within the proposed exploration area.

(10) A description of the measures to be used to comply with the applicable requirements of Part 815.

(11) The name and address of the owner of record of the surface land and of the subsurface mineral estate of the area to be explored.

(12) A map or maps at a scale of 1:24,000 or larger, showing the areas of land to be disturbed by the proposed exploration and reclamation. The map shall specifically show existing roads, occupied dwellings, topographic and drainage features, bodies of surface water, and pipelines; proposed locations of trenches, roads, and other access routes and structures to be constructed; the location of proposed land excavations; the location of exploration holes or other drill holes or underground openings; the location of excavated earth or waste-material disposal areas; and the location of critical habitats of any endangered or threatened species listed pursuant to the Endangered Species Act of 1973 (16 USC § 1531 et seq.)

(13) If the surface is owned by a person other than the applicant, a description of the basis upon which the applicant claims the right to enter that land for the purpose of conducting exploration and reclamation.

(14) For any lands listed in 4VAC25-130-761.11, a demonstration that, to the extent technologically and economically feasible, the proposed exploration activities have been designed to minimize interference with the values for which those lands were designated as unsuitable for surface coal mining operations. The application must include documentation of consultation with the owner of the feature causing the land to come under the protection of 4VAC25-130-761.11 and, when applicable, with the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 4VAC25-130-761.11.

(c) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:

(1) Upon submission of an administratively complete application to the division, the applicant shall place an advertisement in a newspaper of general circulation in the locality of the proposed exploration area. A copy of the newspaper advertisement and proof of publication shall be filed with the division no later than four weeks after the date of publication.

(2) The public notice shall state the name and address of the person seeking approval, the filing date of the application, that the application will be available for public inspection in the division's office in Big Stone Gap, the address of the division where written comments on the application may be submitted, the closing date of the comment period, and a description of the area of exploration.

(3) Any person having an interest which is or may be adversely affected shall have the right to file written comments on the application within 30 days after the date of publication of the newspaper notice.

(d) Decisions on applications for exploration.

(1) The division shall act upon an administratively complete application for a coal exploration permit and any written comments within a reasonable period of time. The approval of a coal exploration permit may be based only on a complete and accurate application.

(2) The division shall approve a complete and accurate application for a coal exploration permit filed in accordance with this Part if it finds, in writing, that the applicant has demonstrated that the exploration and reclamation described in the application will:

(i) Be conducted in accordance with this Part, Part 815 of this chapter, and the applicable provisions of the program;

(ii) Not jeopardize the continued existence of an endangered or threatened species listed pursuant to section 4 of the Endangered Species Act of 1973 (16 USC § 1533) or result in the destruction or adverse modification of critical habitat of those species; and

(iii) Not adversely affect any cultural or historic resources listed on the National Register of Historic Places, pursuant to the National Historic Preservation Act, as amended (16 USC § 470 et seq., 1976, Supp. V), unless the proposed exploration has been approved by both the division and the agency with jurisdiction over such matters.

(iv) With respect to exploration activities on any lands protected under 4VAC25-130-761.11, minimize interference, to the extent technologically and economically feasible, with the values for which those lands were designated as unsuitable for surface coal mining operations. Before making this finding, the division must provide reasonable opportunity to the owner of the feature causing the land to come under the protection of 4VAC25-130-761.11 and, when applicable, to the agency with primary jurisdiction over the feature with respect to the values that caused the land to come under the protection of 4VAC25-130-761.11, to comment on whether the finding is appropriate.

(3) Terms of approval issued by the division shall contain conditions necessary to ensure that the exploration and reclamation will be conducted in compliance with this Part, Part 815, and the Act.

(e) Notice and hearing.

(1) The division shall notify the applicant, the appropriate local governmental officials, and other commenters on the application, in writing, of its decision on the application. If the application is disapproved, the notice to the applicant shall include a statement of the reason for disapproval. Public notice of the decision on each application shall be posted by the division at the Court House in the county of the proposed exploration operations.

(2) Any person having an interest which is or may be adversely affected by a decision of the division pursuant to Paragraph (e)(1) of this section shall have the opportunity for administrative and judicial review as set forth in Part 775.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-772.13 Coal exploration compliance duties

(a) All coal exploration and reclamation activities that substantially disturb the natural land surface shall be conducted in accordance with the coal exploration requirements of this Part, Part 815, the regulatory program, and any exploration permit term or condition imposed by the division.

(b) Any person who conducts any coal exploration in violation of the provisions of this Part, Part 815, the regulatory program, or any exploration permit term or condition imposed by the division shall be subject to the provisions of Subchapter VL.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-772.14 Commercial use or sale

(a) Except as provided under 4VAC25-130-772.14(b), any person who intends to commercially use or sell coal extracted during coal exploration operations under an exploration permit, shall first obtain a permit to conduct surface coal mining operations for those operations from the division under Parts 773 through 785.

(b) With the prior written approval of the division, no permit to conduct surface coal mining operations is required for the sale or commercial use of coal extracted during exploration operations if such sale or commercial use is for coal testing purposes only. The person conducting the exploration shall file an application for such approval with the division. The application shall demonstrate that the coal testing is necessary for the development of a surface coal mining and reclamation operation for which a surface coal mining operations permit application is to be submitted in the near future, and that the proposed commercial use or sale of coal extracted during exploration operations is solely for the purpose of testing the coal. The application shall contain the following:

(1) The name of the testing firm and the locations at which the coal will be tested.

(2) If the coal will be sold directly to, or commercially used directly by, the intended end user, a statement from the intended end user, or if the coal is sold indirectly to the intended end user through an agent or broker, a statement from the agent or broker. The statement shall include:

(i) The specific reason for the test, including why the coal may be so different from the intended user's other coal supplies as to require testing;

(ii) the amount of coal necessary for the test and why a lesser amount is not sufficient; and

(iii) a description of the specific tests that will be conducted.

(3) Evidence that sufficient reserves of coal are available to the person conducting exploration or its principals for future commercial use or sale to the intended end user, or agent or broker of such user identified above, to demonstrate that the amount of coal to be removed is not the total reserve, but is a sampling of a larger reserve.

(4) An explanation as to why other means of exploration, such as core drilling, are not adequate to determine the quality of the coal and/or the feasibility of developing a surface coal mining operation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-772.15 Public availability of information

(a) Except as provided in Paragraph (b) of this section, all information submitted to the Division under this Part shall be made available for public inspection and copying at the division office.

(b) The Division shall keep information confidential if the person submitting it requests in writing, at the time of submission, that it be kept confidential and the information concerns trade secrets or is privileged commercial or financial information relating to the competitive rights of the persons intending to conduct coal exploration.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 772.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 773 Requirements for Permits and Permit Processing

4VAC25-130-773.1 Scope and purpose

This Part provides minimum requirements for permits and permit processing and covers obtaining and reviewing permits; coordinating with other laws; public participation; permit decision and notification; permit conditions; and permit term and right of renewal.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.11 Requirements to obtain permits

(a) All operations. No person shall engage in or carry out any surface coal mining operations, unless such person has first obtained a permit issued by the division, except as provided for in Paragraph (b) of this section. A permittee need not renew the permit if no surface coal mining operations will be conducted under the permit and solely reclamation activities remain to be done. Obligations established under a permit continue until completion of surface coal mining and reclamation operations, regardless of whether the authorization to conduct surface coal mining operations has expired or has been terminated, revoked, or suspended.

(b) Continued operations under Federal program permits.

(1) A permit issued by the Director of the OSM pursuant to a Federal program for the Commonwealth shall be valid under any superseding State program approved by the Secretary.

(2) The Federal permittee shall have the right to apply to the division for a State permit to supersede the Federal permit.

(3) The division may review a permit issued pursuant to the superseded Federal program to determine that the requirements of the Act and the approved State program are not violated by the Federal permit, and to the extent that the approved State program contains additional requirements not contained in the Federal program for the State, the division shall--

(i) Promptly issue an order requiring the permittee to comply with such additional requirements within 60 days of the issuance of the order, unless the permittee demonstrates to the division that it is physically impossible to meet those additional requirements within 60 days, or unless the division agrees to a longer period under an established time schedule;

(ii) Notify the permittee, in writing, of the right to a hearing with respect to the order. A request for hearing must be filed in writing with the division within 30 days of issuance of the order; and

(iii) Provide the permittee a reasonable time to conform ongoing surface coal mining and reclamation operations to the requirements of the State program.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.12 Regulatory coordination with other agencies

To avoid duplication, the division shall provide for the coordination of review and issuance of permits for surface coal mining and reclamation operations with applicable requirements of the Endangered Species Act of 1973, as amended, (16 USC § 1531 et seq.); the Fish and Wildlife Coordination Act, as amended, (16 USC § 661 et seq.); the Migratory Bird Treaty Act of 1918, as amended, (16 USC § 703 et seq.); the National Historic Preservation Act of 1966, as amended (16 USC § 470 et seq.); the Bald Eagle Protection Act, as amended (16 USC § 668a); and Executive Order 11593.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.13 Public participation in permit processing

(a) Filing and public notice.

(1) Upon submission of an administratively complete application, an applicant for a permit, significant revision of a permit under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15, shall place an advertisement in a local newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least once a week for four consecutive weeks. A copy of the advertisement as it will appear in the newspaper shall be submitted to the division. The advertisement shall contain, at a minimum, the following:

(i) The name and business address of the applicant.

(ii) A map or description which clearly shows or describes the precise location and boundaries of the proposed permit area and is sufficient to enable local residents to readily identify the proposed permit area. It may include towns, bodies of water, local landmarks, and any other information which would identify the location. The name of the U.S. Geological Survey 7.5 minute quadrangle map(s) which contains the area shown or described shall be stated; and if a map is used, it shall indicate the north direction.

(iii) The location where a copy of the application is available for public inspection.

(iv) The name and address of the division office where written comments, objections, or requests for informal conferences on the application may be submitted under Paragraphs (b) and (c) of this section.

(v) If an applicant seeks a permit to mine within 100 feet of the outside right-of-way of a public road or to relocate or close a public road, except where public notice and hearing have previously been provided for this particular part of the road in accordance with 4VAC25-130-761.12(d); a concise statement describing the public road, the particular part to be relocated or closed, and the approximate timing and duration of the relocation or closing.

(vi) If the application includes a request for an experimental practice under 4VAC25-130-785.13, a statement indicating that an experimental practice is requested and identifying the regulatory provisions for which a variance is requested.

(2) The applicant shall make an application for a permit, significant revision under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15, available for the public to inspect and copy by filing a full copy of the application with the Clerk of the Circuit Court of the city or county where the mining is proposed to occur, or an accessible public office approved by the division. This copy of the application need not include confidential information exempt from disclosure under Paragraph (d) of this section. The application required by this Paragraph shall be filed by the first date of newspaper advertisement of the application. The applicant shall file any changes to the application with the public office at the same time the change is submitted to the division.

(3) Upon receipt of an administratively complete application for a permit, a significant revision to a permit under 4VAC25-130-774.13, or a renewal of a permit under 4VAC25-130-774.15, the division shall issue written notification indicating the applicant's intention to mine the described tract of land, the application number or other identifier, the location where the copy of the application may be inspected, and the location where comments on the application may be submitted. The notification shall be sent to--

(i) Local governmental agencies with jurisdiction over or an interest in the area of the proposed surface coal mining and reclamation operation, including but not limited to planning agencies, sewage and water treatment authorities, water companies; and

(ii) All Federal or State governmental agencies with authority to issue permits and licenses applicable to the proposed surface coal mining and reclamation operation and which are part of the permit coordinating process developed in accordance with 4VAC25-130-773.12; or those agencies with an interest in the proposed operation, including the U.S. Department of Agriculture, Natural Resources Conservation Service district office, the local U.S. Army Corps of Engineers district engineer, the National Park Service, State and Federal fish and wildlife agencies, and the historic preservation officer.

(b) Comments and objections on permit application.

(1) Within 30 days after notification, written comments or objections on an application for a permit, significant revision to a permit under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15, may be submitted to the division by public entities notified under Paragraph (a)(3) of this section with respect to the effects of the proposed mining operations on the environment within their areas of responsibility.

(2) Written objections to an application for a permit, significant revision to a permit under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15, may be submitted to the division by any person having an interest which is or may be adversely affected by the decision on the application, or by an officer or head of any Federal, State, or local government agency or authority, within 30 days after the last publication of the newspaper notice required by Paragraph (a) of this section.

(3) The division shall upon receipt of such written comments or objections--

(i) Transmit a copy of the comments or objections to the applicant; and

(ii) File a copy for public inspection at the same public office where the application is filed.

(1) Any person having an interest which is or may be adversely affected by the decision on the application, or an officer or a head of a Federal, State, or local government agency, may request in writing that the division hold an informal conference on the application for a permit, significant revision to a permit under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15. The request shall--

(i) Briefly summarize the issues to be raised by the requestor at the conference;

(ii) State whether the requestor desires to have the conference conducted in the locality of the proposed operation; and

(iii) Be filed with the division no later than 30 days after the last publication of the newspaper advertisement required under Paragraph (a) of this section.

(2) Except as provided in Paragraph (c)(3) of this section, if an informal conference is requested in accordance with Paragraph (c)(1) of this section, the division shall hold an informal conference within a reasonable time following the receipt of the request. The informal conference shall be conducted as follows:

(i) If requested under Paragraph (c)(1)(ii) of this section, it shall be held in the locality of the proposed surface coal mining and reclamation operation.

(ii) The date, time, and location of the informal conference shall be sent to the applicant and other parties to the conference and advertised by the division in a newspaper of general circulation in the locality of the proposed surface coal mining and reclamation operation at least 2 weeks before the scheduled conference.

(iii) If requested in writing by a conference requestor at a reasonable time before the conference, the division may arrange with the applicant to grant parties to the conference access to the proposed permit area and, to the extent that the applicant has the right to grant access to it, to the adjacent area prior to the date of the conference for the purpose of gathering information relevant to the conference.

(iv) The conference shall be conducted by a representative of the division, who may accept oral or written statements and any other relevant information from any party to the conference. An electronic or stenographic record shall be made of the conference, unless waived by all the parties. The record shall be maintained and shall be accessible to the parties of the conference until final release of the applicant's performance bond or other equivalent guarantee pursuant to Subchapter VJ.

(3) If all parties requesting the informal conference withdraw their request before the conference is held, the informal conference may be canceled.

(4) Informal conferences held in accordance with this section may be used by the division as the public hearing required under 4VAC25-130-761.12(d) on proposed relocation or closing of public roads.

(d) Public availability of permit applications.

(1) General availability. Except as provided in Paragraphs (d)(2) or (d)(3) of this section, all applications for permits; revisions; renewals; and transfers, assignments or sales of permit rights on file with the Division shall be available, at reasonable times, for public inspection and copying.

(2) Limited availability. Except as provided in Paragraph (d)(3)(i) of this section, information pertaining to coal seams, test borings, core samplings, or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected. Information subject to this Paragraph shall be made available to the public when such information is required to be on public file pursuant to State law.

(3) Confidentiality. The division shall provide procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to--

(i) Information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;

(ii) Information required under § 45.2-1011 of the Act that is not on public file pursuant to State law and that the applicant has requested in writing to be held confidential;

(iii) Information on the nature and location of archeological resources on public land and Indian land as required under the Archeological Resources Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 USC § 470).

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-773.15 Review of permit applications

(a) General.

(1) The division shall review the application for a permit, revision, or renewal; written comments and objections submitted; information from the AVS; and records of any informal conference or hearing held on the application and issue a written decision, within a reasonable time, either granting, requiring modification of, or denying the application. If an informal conference is held under 4VAC25-130-773.13(c), the decision shall be made within 60 days of the close of the conference.

(2) The applicant for a permit or revision of a permit shall have the burden of establishing that the application is in compliance with all the requirements of the regulatory program.

(3) The division shall review the information submitted under 4VAC25-130-778.13 and 4VAC25-130-778.14 regarding the applicant's or operator's permit histories, business structure, and ownership and control relationships.

(4) If the applicant or operator does not have any previous mining experience, the division may conduct additional reviews to determine if someone else with surface coal mining experience controls or will control the mining operation.

(b) Review of violations.

(1) Based on available information concerning federal and state failure-to-abate cessation orders, unabated federal and state imminent harm cessation orders, delinquent civil penalties issued pursuant to § 518 of the federal Act and § 45.2-1021 of the Code of Virginia, bond forfeitures where violations upon which the forfeitures were based have not been corrected, delinquent abandoned mine reclamation fees, and unabated violations of federal and state laws, rules, and regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the division shall not issue the permit if any surface coal mining and reclamation operation directly owned or controlled by either the applicant or operator is currently in violation of the federal Act, this chapter, or any other law, rule or regulation referred to in this subdivision; or if a surface coal mining and reclamation operation indirectly owned or controlled by the applicant or operator has an unabated or uncorrected violation and the applicant's or operator's control was established or the violation was cited after November 2, 1988. In the absence of a failure-to-abate cessation order, the division may presume that a notice of violation issued pursuant to 4VAC25-130-843.12 or under a federal or state program has been or is being corrected to the satisfaction of the agency with jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application or the AVS, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation exists, the division shall require the applicant or operator, before the issuance of the permit, to either

(i) Submit to the division proof that the current violation has been or is in the process of being corrected to the satisfaction of the agency that has jurisdiction over the violation; or

(ii) Establish for the division that the applicant, or operator, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of the current violation. If the initial judicial review authority under 4VAC25-130-775.13 affirms the violation, then the applicant shall within 30 days of the judicial action submit the proof required under subdivision (b)(1)(i) of this section.

(2) Any permit that is issued on the basis of proof submitted under subdivision (b)(1)(i) of this section that a violation is in the process of being corrected, or pending the outcome of an appeal described in subdivision (b)(1)(ii) of this section, shall be conditionally issued.

(3) If the division makes a finding that the applicant or the operator specified in the application, controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the Act of such nature and duration, and with resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, no permit shall be issued. Before such a finding becomes final, the applicant or operator shall be afforded an opportunity for an adjudicatory hearing on the determination as provided for in 4VAC25-130-775.11.

(4) (i) Subsequent to October 24, 1992, the prohibitions of subsection (b) of this section regarding the issuance of a new permit shall not apply to any violation that:

(A) Occurs after that date;

(B) Is unabated; and

(C) Results from an unanticipated event or condition that arises from a surface coal mining and reclamation operation on lands that are eligible for remining under a permit held by the person making application for the new permit.

(ii) For permits issued under 4VAC25-130-785.25 an event or condition shall be presumed to be unanticipated for the purposes of this subdivision if it:

(A) Arose after permit issuance;

(B) Was related to prior mining; and

(c) Written findings for permit application approval. No permit application or application for a significant revision of a permit shall be approved unless the application affirmatively demonstrates and the division finds, in writing, on the basis of information set forth in the application or from information otherwise available that is documented in the approval, the following:

(1) The application is complete and accurate and the applicant has complied with all requirements of the Act and this chapter.

(2) The applicant has demonstrated that reclamation as required by the Act and this chapter can be accomplished under the reclamation plan contained in the permit application.

(3) The proposed permit area is:

(i) Not within an area under study or administrative proceedings under a petition, filed pursuant to Part 764 of this chapter and 30 CFR Part 769, to have an area designated as unsuitable for surface coal mining operations, unless the applicant demonstrates that before January 4, 1977, he has made substantial legal and financial commitments in relation to the operation covered by the permit application; or

(ii) Not within an area designated as unsuitable for mining pursuant to Parts 762 and 764 of this chapter, or subject to the prohibitions or limitations of 4VAC25-130-761.11 and 4VAC25-130-761.12.

(4) For mining operations where the private mineral property to be mined has been severed from the private surface property, the applicant has submitted to the division the documentation required under 4VAC25-130-778.15(b).

(5) The division has made an assessment of the probable cumulative impacts of all anticipated coal mining on the hydrologic balance in the cumulative impact area and has determined that the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(6) The applicant has demonstrated that any existing structure will comply with 4VAC25-130-701.11(d) and 4VAC25-130-773.16, and the applicable performance standards of the initial regulatory program or Subchapter VK.

(7) The applicant has paid all reclamation fees, civil penalty assessments, Pool Bond Fund fees, and anniversary fees, from previous and existing operations as required by this chapter.

(8) The applicant has satisfied the applicable requirements of Part 785 of this chapter.

(9) The applicant has, if applicable, satisfied the requirements for approval of a long-term, intensive agricultural postmining land use, in accordance with the requirements of 4VAC25-130-816.111(d) or 4VAC25-130-817.111(d).

(10) The operation would not affect the continued existence of endangered or threatened species or result in destruction or adverse modification of their critical habitats, as determined under the Endangered Species Act of 1973 (16 USC § 1531 et seq.).

(11) The division has taken into account the effect of the proposed permitting action on properties listed on and eligible for listing on the National Register of Historic Places. This finding may be supported in part by inclusion of appropriate permit conditions or changes in the operation plan protecting historic resources, or a documented decision that the division has determined that no additional protection measures are necessary.

(12) For a proposed remining operation where the applicant intends to reclaim in accordance with the requirements of 4VAC25-130-816.106 or 4VAC25-130-817.106, the site of the operation is a previously mined area as defined in 4VAC25-130-700.5.

(13) The applicant or the permittee specified in the application, has not owned or controlled a surface mining and reclamation operation for which the permit has been revoked and/or the bond forfeited pursuant to the Code of Virginia or any federal law, rule or regulation, or any law, rule or regulation enacted pursuant to federal or state law pertaining to air or water environmental protection and surface coal mining activities in any other state unless reinstated. Applicable Virginia reinstatement requirements may be found in 4VAC25-130-800.52.

(14) For permits to be issued under 4VAC25-130-785.25 the permit application must contain:

(i) Lands eligible for remining;

(ii) An identification of the potential environmental and safety problems related to prior mining activity which could reasonably be anticipated to occur at the site; and

(iii) Mitigation plans to sufficiently address these potential environmental and safety problems so that reclamation as required by the applicable requirements of this chapter can be accomplished.

(d) Performance bond submittal. If the division decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the provisions of Subchapter VJ.

(e) Final compliance review. After an application is approved, but before the permit is issued, the division shall reconsider its decision to approve the application, based on the compliance review required by subdivision (b)(1) of this section in light of any new information submitted under 4VAC25-130-778.13 (j) or 4VAC25-130-778.14 (d).

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-773.16 Criteria for permit approval or denial; existing structures

(a) No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the division finds, in writing, on the basis of information set forth in the complete application that:

(1) If the applicant proposes to use an existing structure in accordance with the exemption provided in 4VAC25-130-701.11(d)(1)(i):

(i) The structure meets the performance standards of the Act and Subchapter VK; and

(ii) No significant harm to the environment or public health or safety will result from use of the structure.

(2)(i) If the applicant proposes to use an existing structure in accordance with the exemption provided in 4VAC25-130-701.11(d)(1)(ii):

(A) The structure meets the performance standards of the Act and the initial regulatory program;

(B) No significant harm to the environment or public health or safety will result from use of the structure; and

(C) The performance standards of the initial regulatory program are at least as stringent as the performance standards of Subchapter VK.

(ii) If the division finds that the structure meets the criteria of 4VAC25-130-701.11(d)(1)(ii), the division shall require the applicant to submit a compliance plan for modification or reconstruction of the structure and shall find prior to the issuance of the permit that:

(A) The modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of Subchapter VK;

(B) The risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and

(b) Should the division find that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon the existing structure. The structure shall not be used for or to facilitate surface coal mining operations after the effective date of issuance of the permit. Abandonment of the structure shall proceed on a schedule approved by the division in compliance with 4VAC25-130-816.132 or 4VAC25-130-817.132.

(c) An existing structure shall be deemed to meet the performance standards of the Act and Subchapter VK, if it meets the standards of this Subparagraph.

(1) General standards. The existing structure shall meet the following general standards:

(i) Land use restoration. The existing structure shall be capable of being restored to a satisfactory postmining land use in accordance with the requirements of 4VAC25- 130-816.133 and 4VAC25-130-817.133, which use or uses shall not present any actual or probable hazard to public health or safety or pose any actual or probable threat of water diminution or pollution.

(ii) Topsoil storage. Stockpiled topsoil and other substitute or supplemental materials shall be placed on a stable area and protected from wind and water erosion, unnecessary compaction, and contaminants which lessen the capability of the material to support vegetation when redistributed.

(iii) Surface area stabilization. All surface areas shall be stabilized and protected to control erosion and attendant air and water pollution.

(iv) Acid and toxic-forming materials. Drainage from acid-forming, toxic-forming, or otherwise harmful materials shall not cause pollution of ground or surface waters and shall minimize adverse effects on plant growth and land uses.

(v) Hydrologic balance: Water quality standards and effluent limitations.

(A) Federal and State water quality statutes, regulations, standards, or effluent limitations shall not be violated.

(B) Discharges of water from disturbed areas shall comply with the effluent limitations of 4VAC25-130-816.42 or 4VAC25-130-817.42.

(C) No land within 100 feet of a perennial stream or an intermittent stream in accordance with 4VAC25-130-816.57 or 4VAC25-130-817.57 shall be disturbed by surface mining activities; unless the water quantity and quality within 100 feet of the surface mining activities are not adversely affected, the division specifically authorizes surface mining activities closer to or through such a stream upon a finding that the original stream channel will be restored, and the requirements of Subparagraph (c)(5) of this section are satisfied.

(vi) Off-site protection. Areas outside the permit area shall be protected from slides or damage.

(vii) Protection of fish, wildlife, and related environmental values. Disturbances and adverse impacts on fish, wildlife, and related environmental values shall be minimized using the best technology currently available and enhancement of such resources shall be achieved where practicable.

(viii) Prevention of health and safety and fire hazards. Fire hazards and other conditions which constitute a hazard to the health and safety of the public shall be avoided. Combustible materials shall be compacted, buried, disposed or otherwise treated to prevent contamination of groundwater and to prevent sustained combustion.

(2) Casing and sealing of underground openings.

(i) Sealing of drilled holes. Each exploration hole, other drill or borehole, well or other exposed underground opening shall be cased, lined, sealed, or otherwise managed to prevent acid or other toxic drainage from entering ground or surface waters; to minimize disturbance to the prevailing hydrologic balance; and to assure the safety of people, livestock, fish and wildlife, and machinery in the permit area and adjacent area.

Use of a drilled hole or borehole or monitoring well as a water well must meet the applicable provisions of 4VAC25-130-816.41 and 4VAC25-130-817.41. These sections do not apply to holes solely drilled and used for blasting.

(ii) Temporary sealing of drilled holes. Each exploration hole, other drillhole or borehole, well, and other exposed underground opening which has been identified for use to return coal processing waste or water to underground workings, or to be used to monitor groundwater conditions, shall be temporarily sealed until actual use.

(iii) Temporary sealing of underground mine entries. Each underground mine entry which is temporarily inactive, but has a further projected useful service, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening.

(3) Standards for permanent impoundments. Permanent impoundments shall meet the following standards:

(i) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established pursuant to applicable State and Federal laws.

(ii) The level of water shall be sufficiently stable to support the intended use.

(iii) Adequate safety and access to the impounded water shall be provided for proposed water users.

(iv) Water impoundments shall not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

(v) The impoundment shall achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under Public Law 83-566 (16 USC § 1006).

(vi) The size of the impoundment shall be adequate for its intended purposes.

(vii) The impoundment shall be suitable for the approved postmining land use.

(viii) Perimeter slopes shall be stable and protected to minimize surface erosion.

(4) Sediment control measures.

(i) Appropriate sediment control measures shall:

(A) Prevent, to the extent possible using the best technology currently available, additional contributions of sediment to streamflow or to runoff outside the permit area.

(B) Minimize erosion to the extent possible.

(ii) Sedimentation basins shall achieve necessary dam safety and stability with an adequate margin of safety compatible with structures constructed under 4VAC25-130-816.46 and 4VAC25-130-817.46 as specified by the division; shall have an adequate storage volume and detention time which will achieve and maintain the effluent limitations; and shall be capable of safely discharging the runoff from a 25-year, 6-hour precipitation event or larger event specified by the division. Perimeter slopes shall be stable and protected to minimize surface erosion.

(5) Standards for diversion structures.

(i) Diversions shall prevent additional contributions of suspended solids to streamflow and to runoff outside the permit area, to the extent possible using the best technology currently available.

(ii) Diversions shall not divert water into underground mines, unless approved by the division and the standards of 4VAC25-130-816.43 are met.

(iii) Diversions shall not increase the potential for landslides.

(iv) Stream channel diversions shall comply with all of the requirements of this Subparagraph (c)(5), shall comply with local, State, and Federal statutes and regulations, and shall be in accordance with Subparagraph (1)(v)(C) of this section.

(6) Standards for discharge structures. Discharge structures shall reduce erosion and avoid deepening or enlargement of stream channels, and minimize disturbances of the hydrologic balance.

(7) Standards for temporary impoundments. Temporary impoundments shall achieve necessary stability with an adequate margin of safety and shall be capable of safely discharging the runoff from a 25-year, 6-hour precipitation event or larger event specified by the division. Perimeter slopes shall be stable and protected to minimize surface erosion.

(8) Standards for disposal of excess spoil. An existing excess spoil disposal area may be used for the disposal of additional excess spoil only if the facility is capable of meeting the following standards:

(i) Leachate and surface runoff from the fill shall not degrade surface or groundwaters.

(ii) The fill shall achieve necessary stability with an adequate margin of safety.

(iii) The land mass designated as the disposal area shall be within the permit area and suitable for reclamation and revegetation compatible with the natural surroundings. Spoil material shall not be deposited on any part of the operations located outside the permit area.

(iv) Appropriate surface and internal drainage systems and diversion ditches shall prevent spoil erosion and mass movement.

(v) The spoil disposal area shall have slope protection to minimize surface erosion.

(vi) The spoil disposal area shall be certified by a qualified registered professional engineer as being in conformance with professional standards.

(vii) Placement of additional spoil shall be in accordance with the applicable requirements of 4VAC25-130-816.71 through 4VAC25-130-816.75 and 4VAC25-130-817.71 through 4VAC25-130-817.75 as approved by the division.

(viii) The final configuration of the spoil disposal area shall be compatible with the natural drainage pattern and surroundings and suitable for the intended uses.

(9) Standards for coal processing waste banks. An existing coal processing waste bank may be used for the disposal of additional coal processing waste only if the facility is capable of meeting the following standards:

(i) The coal processing waste bank shall not adversely affect surface or groundwater quantity or quality or vegetation.

(ii) Necessary stability with an adequate margin of safety shall be achieved.

(iii) The coal processing waste bank shall be suitable for reclamation and revegetation compatible with the natural surroundings.

(iv) The coal processing waste bank shall not constitute a hazard to the health and safety of the public.

(v) Surface and internal drainage systems and diversion ditches shall be adequate to minimize erosion and prevent mass movement.

(vi) Slope protection shall be adequate to minimize surface erosion.

(vii) The coal processing waste bank shall be certified by a qualified registered professional engineer as being in conformance with professional standards.

(viii) Placement of additional coal processing waste shall be in accordance with the applicable requirements of 4VAC25-130-816.81 through 4VAC25-130-816.84 and 4VAC25-130-817.81 through 4VAC25-130-817.84 as approved by the division.

(10) Standards for disposal of noncoal wastes. Disposal of noncoal wastes shall ensure that leachate and surface runoff does not degrade surface or groundwater, fires are prevented, that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings, and that applicable local, State, and Federal laws and regulations are satisfied.

(11) Standards for coal processing waste: dams and embankments. Dams and embankments constructed of coal processing waste shall meet the requirements of 4VAC25-130-816.81 through 4VAC25-130-816.84 and 4VAC25-130-817.81 through 4VAC25-130-817.84.

(12) Standards for roads. Roads shall:

(i) Control or minimize erosion and siltation, air and water pollution, and damage to public or private property.

(ii) Minimize damage to fish, wildlife, and related environmental values using the best technology currently available.

(iii) Minimize additional contributions of suspended solids to streamflow or runoff outside the permit area using the best technology currently available. Any such contributions shall not be in excess of limitations of State and Federal law.

(iv) Not be located in the channel of an intermittent or perennial stream unless specifically approved by the division.

(v) Not contain stream fords unless they are specifically approved by the division and not adversely affect stream sedimentation or fish, wildlife, and related environmental values.

(vi) Have adequate drainage and have a water-control system that can safely pass the peak runoff from a 10-year, 6-hour precipitation event or other event if required by the division.

(13) Standards for other transportation facilities. Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways, or other transportation facilities shall:

(i) Prevent, to the extent possible using the best technology currently available:

(A) Damage to fish, wildlife, and related environmental values.

(B) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.

(ii) Control and minimize diminution or degradation of water quality and quantity.

(iii) Control and minimize erosion and siltation.

(iv) Control and minimize air pollution.

(v) Prevent damage to public or private property.

(14) Standards for support facilities and utility installations. Support facilities required for, or used incidentally to, the operation of the mine including, but not limited to, mine buildings, coal loading facilities, fan buildings, hoist buildings, sheds, shops, and other buildings, shall prevent or control erosion and siltation, water pollution, and damage to public or private property. In addition to the applicable performance standards of Parts 816 and 817 and this section, support facilities shall prevent, to the extent possible using the best technology currently available:

(i) Damage to fish, wildlife, and related environmental values.

(ii) Additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.17 Permit conditions

Each permit issued by the division shall be subject to the following conditions:

(a) The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to Subchapter VJ.

(b) The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the division otherwise directs in the permit.

(c) The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of this chapter.

(d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Secretary and the Director to--

(1) Have the right of entry provided for in 4VAC25-130-840.12; and

(2) Be accompanied by private persons for the purpose of conducting an inspection in accordance with Parts 840 and 842, when the inspection is in response to an alleged violation reported to the division by the private person.

(e) The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to--

(1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(2) Immediate implementation of measures necessary to comply; and

(3) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

(f) As applicable, the permittee shall comply with 4VAC25-130-701.11(d), 30 CFR Subchapter B, or Subchapter VK of this chapter for compliance, modification, or abandonment of existing structures.

(g) The operator shall pay all reclamation fees required by 30 CFR Subchapter R for coal produced under the permit for sale, transfer or use, in the manner required by that Subchapter.

(h) Within thirty days after a cessation order is issued under 4VAC25-130-843.11 or 30 CFR 843.11, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the division the following information, current to the date the cessation order was issued, or notify the division in writing that there has been no change since the immediately preceding submittal of such information:

(1) Any new information needed to correct or update the information previously submitted to the division by the permittee under 4VAC25-130-778.13(c); or

(2) If not previously submitted, the information required from a permit applicant by 4VAC25-130-778.13(c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.19 Permit issuance and right of renewal

(a) Decision. If the application is approved, the permit shall be issued upon submittal of a performance bond in accordance with Subchapter VJ. If the application is disapproved, specific reasons therefore shall be set forth in the notification required by Paragraph (b) of this section.

(b) Notification. The division shall issue written notification of the decision to the following persons and entities:

(1) The applicant, each person who files comments or objections to the permit application, and each party to an informal conference.

(2) The local governmental officials in the local political subdivision in which the land to be affected is located within 10 days after the issuance of a permit, including a description of the location of the land.

(3) The local OSM office.

(c) Permit term. Each permit shall be issued for a fixed term of 5 years or less, unless the requirements of 4VAC25-130-778.17 are met.

(d) Right of renewal. Permit application approval shall apply to those lands that are specifically designated as the permit area on the maps submitted with the application and for which the application is complete and accurate. Any valid permit issued in accordance with Paragraph (a) of this section shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit, in accordance with 4VAC25-130-774.15.

(e) Initiation of operations.

(1) A permit shall terminate if the permittee has not begun the surface coal mining and reclamation operation covered by the permit within 3 years of the issuance of the permit.

(2) The division may grant a reasonable extension of time for commencement of these operations, upon receipt of a written statement showing that such an extension of time is necessary, if--

(i) Litigation precludes the commencement or threatens substantial economic loss to the permittee; or

(ii) There are conditions beyond the control and without the fault or negligence of the permittee.

(3) With respect to coal to be mined for use in a synthetic fuel facility or specified major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at the time that the construction of the synthetic fuel or generating facility is initiated.

(4) Extensions of time granted by the division under this Paragraph shall be specifically set forth in the permit, and notice of the extension shall be made public by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-773.20 Improvidently issued permits; general procedures

(a) Permit review. If the division has reason to believe that it improvidently issued a surface coal mining and reclamation permit, it shall review the circumstances under which the permit was issued, using the criteria in subdivision (b) of this section. Where the division finds that the permit was improvidently issued, it shall comply with subdivision (c) of this section.

(b) Review criteria. The division shall find that a surface coal mining and reclamation permit was improvidently issued if:

(1) Under the violations review criteria of this chapter at the time the permit was issued:

(i) The division should not have issued the permit because of an unabated violation or a delinquent penalty or fee; or

(ii) The permit was issued on the presumption that a notice of violation was in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation, but a cessation order subsequently was issued; and

(2) The violation, penalty or fee:

(i) Remains unabated or delinquent; and

(ii) Is not the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; and

(3) Where the permittee was linked to the violation, penalty or fee through ownership or control, under the violations review criteria of this chapter at the time the permit was issued an ownership or control link between the permittee and the person responsible for the violation, penalty or fee still exists, or where the link was severed the permittee continues to be responsible for the violation, penalty or fee.

(c) Remedial measures. If the division, under subdivision (b) of this section, finds that because of an unabated violation or a delinquent penalty or fee a permit was improvidently issued, it shall use one or more of the following remedial measures:

(1) Implement, with the cooperation of the permittee or other person responsible, and of the responsible agency, a plan for abatement of the violation or a schedule for payment of the penalty or fee;

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee;

(3) Serve the permittee with a preliminary finding that shall be based on evidence sufficient to establish a prima facie case that the permit was improvidently issued. The finding shall inform the permittee that the permit may be suspended or rescinded under 4VAC25-130-773.21 if the violation is not abated or the penalty or fee is not paid.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-773.21 Improvidently issued permits; rescission procedures

If the division, under 4VAC25-130-773.20 (c) (3), elects to suspend or rescind an improvidently issued permit, it shall serve on the permittee a notice of proposed suspension and rescission which includes the reasons for the finding of the division under 4VAC25-130-773.20 (b) and states that:

(a) Automatic suspension and rescission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter rescinded, unless within those periods the permittee submits proof, and the division finds, that:

(1) The finding of the division under 4VAC25-130-773.20 (b) was erroneous;

(2) The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

(3) The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or

(4) Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee:

(b) Cessation of operations. After service of the notice of permit suspension or rescission, the permittee shall cease all surface coal mining and reclamation operations under the permit as set forth in the notice, except for violation abatement and for reclamation and other environmental protection measures as required by the division;

(c) A person may challenge an ownership or control listing or finding by submitting to the division a written explanation of the basis for the challenge, along with any evidence or explanatory materials that substantiates that the person did not or does not own or control the entire surface coal mining operation or relevant portion or aspect thereof. The person may request that any information submitted to the division under this section be held as confidential if it is not required to be made public under the Act. The division shall review the information and render a written decision regarding the person's ownership or control listing or link within 60 days from receipt of the challenge; and

(d) Right to appeal. The permittee or person aggrieved by the division's notice or decision may file an appeal for administrative review of the notice or decision under subdivision (c) of 4VAC25-130-775.11 or under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 773.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 29, Issue 13, eff. March 27, 2013.

Part 774 Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights

4VAC25-130-774.1 Scope and purpose

This Part provides requirements for review; revision; renewal; and transfer, assignment, or sale of permit rights.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-774.11 Division review of permits

(a) The division shall review each permit issued and outstanding during the term of the permit. This review shall occur not later than the middle of each permit term and as follows:

(1) Permits with a term longer than 5 years shall be reviewed no less frequently than the permit midterm or every 5 years, whichever is more frequent.

(2) Permits with variances granted in accordance with 4VAC25-130-785.14 (mountaintop removal) and 4VAC25-130-785.18 (variance for delay in contemporaneous reclamation requirement in combined surface and underground mining operations) shall be reviewed no later than 3 years from the date of issuance of the permit unless, for variances issued in accordance with 4VAC25-130-785.14, the permittee affirmatively demonstrates that the proposed development is proceeding in accordance with the terms of the permit.

(3) Permits containing experimental practices issued in accordance with 4VAC25-130-785.13 and permits with a variance from approximate original contour requirements in accordance with 4VAC25-130-785.16 shall be reviewed as set forth in the permit or at least every 2 ½ years from the date of issuance as required by the division, in accordance with 4VAC25-130-785.13(g) and 4VAC25-130-785.16(c), respectively.

(b) After the review required by Paragraph (a) of this section, or at any time, the division may order reasonable revision of a permit in accordance with 4VAC25-130-774.13 to ensure compliance with the Act and the regulatory program.

(c) Any order of the division requiring revision of a permit shall be based upon written findings and shall be subject to the provisions for administrative and judicial review in Part 775. Copies of the order shall be sent to the permittee.

(d) Permits may be suspended or revoked in accordance with Subchapter VL.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-774.12 Post-permit issuance requirements

A. For purposes of future permit eligibility determinations and enforcement actions, the division will utilize the AVS to retrieve and enter appropriate data regarding ownership, control, and violation information. The division shall enter into the AVS:

| Information | Within 30 days after | | --- | --- | | (1) Permit records | the permit is issued or subsequent changes made | | (2) Unabated or uncorrected violations | the abatement or correction period for a violation expires | | (3) Unpaid final civil penalties, charges, taxes, or fees | the required due payment date | | (4) Changes in violation status | abatement, correction or termination of a violation or a final decision from an administrative or judicial review proceeding |

B. In the event the permittee is issued enforcement action under 4VAC25-130-843.11 and fails to timely comply with the order's remedial measures, the division shall instruct the permittee to provide or update all the information required by 4VAC25-130-778.13. However, the permittee would not be required to submit this information if a court of competent jurisdiction has granted a stay of the cessation order and the stay remains in effect.

C. The permittee shall notify the division within 60 days of any addition, departure, or change in position of any person identified under 4VAC25-130-778.13. The permittee shall provide the date of such addition, departure, or change of such person.

D. Should the division discover that the permittee or a person listed in an ownership or control relationship with the permittee owns or controls an operation with an unabated or uncorrected violation, it will determine whether enforcement action is appropriate under 4VAC25-130-843 and 4VAC25-130-846 or other applicable provisions. The division may issue a preliminary finding of permit ineligibility under § 45.2-1013 of the Act if it finds that the person had control relationships and violations that would have made the person ineligible for a permit under 4VAC25-130-773.15. The finding shall be in accordance with 4VAC25-130-773.20 (c) (3).

E. If a determination of permit ineligibility is rendered by the division, the person would have 30 days from service of the written finding to submit any information that would tend to demonstrate the person's lack of ownership or control of the surface coal mining operation. The division would issue a final determination regarding the permit eligibility within 30 days of receiving any information from the person or from the expiration date that the person could submit the information under this subsection. A person aggrieved by the division's eligibility finding would have the right to request review under 4VAC25-130-775.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-774.13 Permit revisions

(a) General. During the term of a permit, the permittee may submit an application to the division for a revision of the permit.

(b) Application requirements and procedures.

(1) The Director shall establish a time period within which the division will approve or disapprove an application for a permit revision; and

(2) The division shall establish guidelines establishing the scale or extent of revisions for which all the permit application information requirements and procedures of this Subchapter, including notice, public participation, and notice of decision requirements of 4VAC25-130-773.13, 4VAC25-130-773.19(b) (1) and (3), and 4VAC25-130-778.21 shall apply. Such requirements and procedures shall apply at a minimum to all significant permit revisions.

(c) Criteria for approval. No application for a permit revision shall be approved unless the application demonstrates and the division finds that reclamation as required by the Act and the regulatory program can be accomplished, applicable requirements under 4VAC25-130-773.15(c) which are pertinent to the revision are met, and the application for a revision complies with all requirements of the Act and the regulatory program.

(d) Request to change permit boundary. Any extensions to the area covered by the permit, except incidental boundary revisions, shall be made by application for a new permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-774.15 Permit renewals

(a) General. A valid permit shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.

(b) Application requirements and procedures.

(1) An application for renewal of a permit shall be filed with the division at least 120 days before expiration of the existing permit term.

(2) An application for renewal of a permit shall be in the form required by the division and shall include at a minimum--

(i) The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;

(ii) Evidence that a liability insurance policy or adequate self insurance under 4VAC25-130-800.60 will be provided by the applicant for the proposed period of renewal;

(iii) Evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested, as well as any additional bond required by the division pursuant to Subchapter VJ;

(iv) A copy of the proposed newspaper notice and proof of publication of same, as required by 4VAC25-130-778.21; and

(v) Additional revised or updated information required by the division.

(3) Applications for renewal shall be subject to the requirements of public notification and public participation contained in 4VAC25-130-773.13 and 4VAC25-130-773.19(b).

(4) If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of 4VAC25-130-774.13.

(5) If an applicant for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the application which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Act, Parts 773, 774, 775, 777, 778, 779, 780, 783, 784, and applicable portions of 785, Subchapter VJ and this chapter.

(1) Criteria for approval. The division shall approve a complete and accurate application for permit renewal, unless it finds, in writing that--

(i) The terms and conditions of the existing permit are not being satisfactorily met;

(ii) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and this chapter;

(iii) The requested renewal substantially jeopardizes the permittee's continuing ability to comply with the Act and the regulatory program on existing permit areas;

(iv) The permittee has not provided evidence of having liability insurance or self-insurance as required in 4VAC25-130-800.60;

(v) The permittee has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the division might require pursuant to Subchapter VJ; or

(vi) Additional revised or updated information required by the division has not been provided by the applicant.

(2) Burden of proof. In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.

(d) Renewal term. Any permit renewal shall be for a term not to exceed the period of the original permit established under 4VAC25-130-773.19.

(e) Notice of decision. The division shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to the OSM.

(f) Administrative and judicial review. Any person having an interest which is or may be adversely affected by the decision of the division shall have the right to administrative and judicial review set forth in Part 775.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-774.17 Transfer, assignment, or sale of permit rights

(a) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the division. At its discretion, the division may allow a prospective successor in interest to engage in surface coal mining and reclamation operations under the permit during the pendency of an application for approval of a transfer, assignment, or sale of permit rights submitted under subdivision (b) of this section, provided that the prospective successor in interest can demonstrate to the satisfaction of the division that sufficient bond coverage will remain in place.

(b) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall--

(1) Provide the division with an application for approval of the proposed transfer, assignment, or sale including--

(i) The name and address of the existing permittee and permit number;

(ii) A brief description of the proposed transaction requiring approval; and

(iii) The legal, financial, compliance, and related information required by Part 778 for the applicant for approval of the transfer, assignment, or sale of permit rights.

(2) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent;

(3) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under Subchapter VJ.

(c) Public participation. Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the division within 30 days.

(d) Criteria for approval. The division may allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing that the successor--

(1) Is eligible to receive a permit in accordance with 4VAC25-130-773.15(b) and (c);

(2) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by Subchapter VJ; and

(3) Meets any other requirements specified by the division.

(e) Notification.

(1) The division shall notify the permittee, the successor, commenters, and the OSM of its findings.

(2) Proof of the consumation shall be submitted to the division upon its approval of the transfer, assignment, or sale of permit rights, and prior to the issuance of the new permit.

(f) Continued operation under existing permit. The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this Subchapter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 774.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

Part 775 Administrative and Judicial Review of Decisions

4VAC25-130-775.11 Administrative review

(a) General. Any applicant, or any person with an interest which is or may be adversely affected by the final administrative decision and who has participated in the administrative hearings as an objector may appeal as provided in subsection (b) of this section if—

(1) The applicant or person is aggrieved by the director or his designee's final order under 4VAC25-130-775.11; or

(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-775.11.

(b) Judicial review. The final order of the division pursuant to subsection (a) of 4VAC25-130-775.11 shall be subject to judicial review as provided by the Virginia Administrative Process Act and the rules of the Supreme Court of Virginia as promulgated thereto. The availability of such review shall not be construed to limit the operation of the rights established in Section 520 of the Federal Act.

(c) All notices of appeal for judicial review of a hearing officer's final decision, or the final decision on review and reconsideration, shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR 480-03-19 § 775.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-775.13 Judicial review

(1) The applicant or person is aggrieved by the director or his designee's final order under 4VAC25-130-775.11; or

(2) Either the division or the director failed to act within time limits specified in 4VAC25-130-775.11.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR 480-03-19 § 775.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 38, Issue 13, eff. March 31, 2022.

Part 777 General Content Requirements for Permit Applications

4VAC25-130-777.1 Scope

This Part provides minimum requirements concerning the general content for permit applications.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.11 Format and contents

(a) An application shall--

(1) Contain current information, as required by this Subchapter;

(2) Be clear and concise; and

(3) Be filed in the format required by the division.

(b) Five copies of the application shall be filed with the division.

(c) If used in the application, referenced materials shall either be provided to the division by the applicant or be readily available to the division. If provided, relevant portions of referenced published materials shall be presented briefly and concisely in the application by photocopying or abstracting and with explicit citations.

(d) Applications for permits; revisions; renewals; or transfers, sales or assignments of permit rights shall be verified under oath, by a responsible official of the applicant, that the information contained in the application is true and correct to the best of the official's information and belief.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.12 Preapplication conference

Prior to submitting an application for a coal surface mining permit, all maps and plans shall be reviewed in the field at the proposed mining site with the division inspector assigned to the area to be mined. Two copies of a pre-inspection report shall be completed by the inspector. One copy shall be transmitted to the applicant, and one copy kept in the division office.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.13 Reporting of technical data

(a) All technical data submitted in the application shall be accompanied by the names of persons or organizations that collected and analyzed the data, dates of the collection and analysis of the data, and descriptions of the methodology used to collect and analyze the data.

(b) Technical analyses shall be planned by or under the direction of a professional qualified in the subject to be analyzed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.14 Maps and plans; general requirements

(a) Maps submitted with applications shall be presented in a consolidated format, to the extent possible, and shall include all the types of information that are set forth on topographic maps of the U.S. Geological Survey of the 1:24,000 scale series. Application maps of the permit area and adjacent area shall be at a scale of 1:4,800 (1"=400'). Maps shall clearly show the lands and waters within those areas.

(b) All maps and plans submitted with the application shall distinguish among each of the phases during which surface coal mining operations were or will be conducted at any place within the life of operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.15 Completeness

An application for a permit to conduct surface coal mining and reclamation operations shall be complete and shall include at a minimum--

(a) For surface mining activities, the information required under Parts 778, 779, and 780, and, as applicable to the operation, Part 785; and

(b) For underground mining activities, the information required under Parts 778, 783, and 784, and, as applicable to the operation, Part 785.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-777.17 Permit fees

An application for a surface coal mining and reclamation permit issued under this chapter shall be accompanied by a permit fee of $26.00 per acre or any fraction thereof for the total acreage permitted. An anniversary fee of $13.00 per acre or any fraction thereof for areas disturbed under the permit shall be payable annually on each anniversary date of the permit. The fees shall be in the form of cash, cashier's check, certified check or personal check.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 777.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; amended, Virginia Register Volume 23, Issue 22, eff. August 8, 2007.

Part 778 Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information

4VAC25-130-778.1 Scope and purpose

This Part establishes the minimum legal, financial, compliance, and informational requirements for permit applications for surface coal mining and reclamation operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.13 Identification of interests

An application shall contain the following information:

(a) A statement as to whether the applicant or the operator, if different from the applicant, is a corporation, partnership, single proprietorship, association, or other business entity.

(b) The name, address, telephone number and, as applicable, employer identification number of the:

(1) Applicant;

(2) Applicant's resident agent; and

(3) Operator, if different from the applicant; and

(4) Each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator. For every such business entity, provide the required information for every president, chief executive officer, partner, member, and/or director or persons in similar positions, and every person who owns of record 10% or more of the entity.

(c) For the applicant and operator, if different from the applicant, information required by subsection (d) of this section for every:

(1) Officer;

(2) Partner;

(3) Member;

(4) Director;

(5) Person performing a function similar to a director; and

(6) Person who owns, of record, 10% or more of the entity.

(d) For each person listed from subdivision (c) of this section:

(1) The person's name, address, and telephone number;

(2) The person's position title and relationship to the applicant or operator, including percentage of ownership and location in the organizational structure; and

(3) The date the person began functioning in that position.

(e) A list of all the names under which the applicant, operator, partners, or principal shareholders, and the operator's partners or principal shareholders operate or previously operated a surface coal mining operation in the United States within a five-year period preceding the date of submission of the application, including the name, address, identifying numbers, including employer identification number, Federal or State permit number and MSHA number, the date of issuance of the MSHA number, and the regulatory authority.

(f) For the applicant and operator, if different from the applicant, a list of any pending permit applications for surface coal mining operators filed in the United States, identifying each application by its application number, jurisdiction, or by other identifying information when necessary.

(g) For any surface coal mining operation the applicant or operator owned or controlled within a five-year period preceding the submission of the permit application, and for any surface coal mining operation the applicant or operator controlled on that date, the:

(1) Permittee's and operator's name, address, and tax identification numbers;

(2) Name of the regulatory authority with jurisdiction over the permit with the corresponding federal or state permit number and MSHA number; and

(3) The permittee's and operator's relationship to the operation, including the percentage of ownership and location in the organizational structure.

(h) The name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined.

(i) The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.

(j) The Mine Safety and Health Administration (MSHA) numbers for all mine-associated structures that require MSHA approval.

(k) A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application. If requested by the applicant, any information required by this subdivision that is not on public file pursuant to state law shall be held in confidence by the division, as provided under 4VAC25-130-773.13(d)(3)(ii).

(l) Each application shall contain a list of all other licenses and permits needed by the applicant to conduct the proposed surface mining activities. This list shall identify each license and permit by:

(1) Type of permit or license;

(2) Name and address of issuing authority;

(3) Identification numbers of applications for those permits or licenses or, if issued, the identification numbers of the permits or licenses; and

(4) If a decision has been made, the date of approval or disapproval by each issuing authority.

(m) After an applicant is notified that his application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under subdivisions (a) through (d) of this section.

(n) The applicant shall submit the information required by this section and by 4VAC25-130-778.14 in any prescribed OSM format that is issued.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-778.14 Violation information

Each application shall contain the following information:

(a) A statement of whether the applicant or any subsidiary, affiliate, or persons controlled by or under common control with the applicant has:

(1) Had a federal or state coal mining permit suspended or revoked in the five years preceding the date of submission of the application; or

(2) Forfeited a performance bond or similar security deposited in lieu of bond at any time.

(b) A brief explanation of the facts involved if any such suspension, revocation, or forfeiture referred to in subdivisions (a)(1) and (2) of this section has occurred, including:

(1) Identification number and date of issuance of the permit, and the date and amount of bond or similar security;

(2) Identification of the authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action;

(3) The current status of the permit, bond, or similar security involved;

(4) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and

(5) The current status of the proceedings.

(c) For any violation of a provision of the federal Act or this chapter, or of any law, rule or regulation of the United States, or of any state law, rule or regulation enacted pursuant to federal law, rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, a list of all violation notices received by the applicant during the three year period preceding the application date, and a list of all unabated cessation orders and unabated air and water quality violation notices received prior to the date of the application by any surface coal mining and reclamation operation owned or controlled by either the applicant or by the operator. For each violation notice or cessation order reported, the lists shall include the following information, as applicable:

(1) Any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department or agency.

(2) A brief description of the violation alleged in the notice;

(3) The date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including, but not limited to, proceedings initiated by any person identified in subdivision (c) of this section to obtain administrative or judicial review of the violation;

(4) The current status of the proceedings and of the violation notice; and

(5) The actions, if any, taken by any person identified in subdivision (c) of this section to abate the violation.

(d) After an applicant is notified that his application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this section.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-778.15 Right-of-entry information

(a) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and begin surface coal mining and reclamation operations in the permit area and shall state whether that right is the subject of pending litigation. The description shall identify the documents by type and date of execution, identify the specific lands to which the document pertains, and explain the legal rights claimed by the applicant.

(b) Where the private mineral estate to be mined has been severed from the private surface estate, an applicant shall also submit--

(1) A copy of the written consent of the surface owner for the extraction of coal by surface mining methods; or

(2) A copy of the conveyance that expressly grants or reserves the right to extract coal by surface mining methods; or

(3) If the conveyance does not expressly grant the right to extract the coal by surface mining methods, documentation that under applicable State law, the applicant has the legal authority to extract the coal by those methods.

(c) Nothing in this section shall be construed to provide the division with the authority to adjudicate property rights disputes.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.16 Status of unsuitability claims

(a) An application shall contain available information as to whether the proposed permit area is within an area designated as unsuitable for surface coal mining and reclamation operations or is within an area under study for designation in an administrative proceeding under Parts 762 and 764.

(b) An application in which the applicant claims the exemption described in 4VAC25-130-762.13(c) shall contain information supporting the assertion that the applicant made substantial legal and financial commitments before January 4, 1977, concerning the proposed surface coal mining and reclamation operations.

(c) An application in which the applicant proposes to conduct surface coal mining activities within 300 feet of an occupied dwelling or within 100 feet of a public road shall contain the necessary information and meet the requirements of 4VAC25-130-761.12.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.17 Permit term

(a) Each application shall state the anticipated or actual starting and termination date of each phase of the surface coal mining and reclamation operation and the anticipated number of acres of land to be affected during each phase of mining over the life of the mine.

(b) If the applicant requires an initial permit term in excess of 5 years in order to obtain necessary financing for equipment and the opening of the operation, the application shall--

(1) Be complete and accurate covering the specified longer term; and

(2) Show that the proposed longer term is reasonably needed to allow the applicant to obtain financing for equipment and for the opening of the operation with the need confirmed, in writing, by the applicant's proposed source of financing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.18 Insurance

Either a certificate of liability insurance or evidence of self-insurance in compliance with 4VAC25-130-800.60 shall be provided prior to application approval and before the permit is issued.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.21 Proof of publication

A copy of the newspaper advertisement of the application for a permit, significant revision of a permit, or renewal of a permit, and proof of publication of the advertisements which is acceptable to the division shall be filed with the division and made a part of the application no later than 4 weeks after the last date of publication as required by 4VAC25-130-773.13(a)(1).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-778.22 Facilities or structures used in common

The plans of a facility or structure that is to be shared by two or more separately permitted mining operations shall be included in one permit application and referenced in the other applications. In accordance with Part 800, the applicant applying for the permit shall bond the facility or structure. The permittees sharing it may agree to an agreement for assuming their respective responsibilities. The application may include a copy of any such agreement between or among the parties setting forth the respective responsibilities of each party for the facility or structure. The agreement shall demonstrate to the satisfaction of the division that all responsibilities under this chapter for the facility or structure will be met.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 778.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 779 Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources

4VAC25-130-779.4 Responsibilities

(a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application.

(b) It is the responsibility of State and Federal government agencies to provide information for applications as specifically required by this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.11 General requirements

Each permit application shall include a description of the existing, premining environmental resources within the proposed permit area and adjacent areas that may be affected or impacted by the proposed surface mining activities.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.12 General environmental resources information

Each application shall describe and identify--

(a) The lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought; and

(b) The nature of cultural, historic and archaeological resources listed or eligible for listing on the National Register of Historic Places and known archaeological sites within the proposed permit and adjacent areas.

(1) The description shall be based on all available information, including, but not limited to, information from the State Historic Preservation Officer and from local archaeological, historical, and cultural preservation agencies.

(2) The division may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through --

(i) Collection of additional information,

(ii) Conduct of field investigations, or

(iii) Other appropriate analyses.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.18 Climatological information

(a) When requested by the division, the application shall contain a statement of the climatological factors that are representative of the proposed locality of the permit area, including:

(1) The average seasonal precipitation;

(2) The average direction and velocity of prevailing winds; and

(3) Seasonal temperature ranges.

(b) The division may request such additional data as deemed necessary to ensure compliance with the requirements of this Subchapter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.19 Vegetation information

(a) The permit application shall contain a map or narrative describing the vegetation within the proposed permit area and within any proposed reference area.

(b) Where a vegetation map is utilized, show the outline of the proposed permit area, and show north point indicator. Sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 4VAC25-130-780.16.

(c) Explain the results of the vegetative survey conducted on the area to be affected by the proposed mining operation. This survey must include as a minimum:

(1) Names, addresses, and qualifications of persons or organizations which collected and analyzed the data.

(2) Dates of the collection and analyses.

(3) Names, addresses, and positions of people in private, academic publications, or governmental agencies who contributed to the preparation of the vegetative survey.

(d) Delineate the major plant communities of canopy, shrubs, and understory types.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.21 Soil resources information

Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 4VAC25-130-780.18.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.22 (Repealed.)

Historical Notes

Derived from VR480-03-19 § 779.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; repealed, Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-779.24 Maps; general requirements

The permit application shall include maps showing-

(a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;

(b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin surface mining activities;

(c) The boundaries of all areas proposed to be affected over the estimated total life of the proposed surface mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought;

(d) The location of all buildings in and within 1,000 feet of the proposed permit area with identification of the current use of the buildings;

(e) The location of surface and subsurface man-made features within, passing through, or passing over the proposed permit area, including, but not limited to, major electric transmission lines, pipelines, and agricultural drainage tile fields;

(f) The location and boundaries of any proposed reference areas for determining the success of revegetation;

(g) The locations of water supply intakes for current users of surface water flowing into, out of, and within a hydrologic area defined by the division and those surface waters which will receive discharges from affected areas in the proposed permit area;

(h) Each public road located in or within 100 feet of the proposed permit area;

(i) The boundaries of any public park and locations of any cultural or historical resources listed or eligible for listing in the National Register of Historic Places and known archaeological sites within the permit and adjacent area;

(j) Each cemetery that is located in or within 100 feet of the proposed permit area;

(k) Any land within the proposed permit area which is within the boundaries of any units of the National System of Trails or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act; and

(l) Other relevant information required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.24, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-779.25 Cross sections, maps and plans

(a) The application shall include cross sections, maps, and plans showing—

(1) Elevations and locations of test borings and core samplings;

(2) Elevations and locations of monitoring stations used to gather data for water quality and quantity and fish and wildlife in preparation of the application;

(3) Nature, depth, and thickness of the coal seam to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(4) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

(5) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent area;

(6) Location and extent of subsurface water, if encountered, within the proposed permit and adjacent area;

(7) Location of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(8) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(9) Location and dimensions of existing areas of spoil, waste, and noncoal waste disposal, dams, embankments, other impoundments, and water treatment facilities within the proposed permit area; and

(10) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent area.

(b) Maps, plans, and cross sections included in a permit application which are required by this section shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer or certified professional geologist with assistance from experts in related fields, such as land surveying and landscape architecture and shall be updated as required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 779.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

Part 780 Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan

4VAC25-130-780.4 Responsibilities

(a) It is the responsibility of the applicant to provide to the division all of the information required by this Part, except where specifically exempted in this Part.

(b) It is the responsibility of the State and Federal governmental agencies to provide information to the division where specifically required in this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.11 Operation plan; general requirements

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:

(a) A narrative description of the type and method of coal mining procedures and proposed engineering techniques, anticipated annual and total production of coal, by tonnage, and the major equipment to be used for all aspects of those operations; and

(b) A narrative explaining the construction, modification, use, maintenance, and removal of the following facilities (unless retention of such facilities is necessary for postmining land use as specified in 4VAC25-130-816.133):

(1) Dams, embankments, and other impoundments;

(2) Overburden and topsoil handling and storage areas and structures;

(3) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(4) Spoil, coal processing waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;

(5) Mine facilities; and

(6) Water pollution control facilities.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.12 Operation plan; existing structures

(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include:

(1) Location;

(2) Plans of the structure which describe its current condition;

(3) Approximate dates on which construction of the existing structure was begun and completed; and

(4) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter VK or, if the structure does not meet the performance standards of Subchapter VK, a showing whether the structure meets the performance standards of the initial regulatory program.

(b) Each application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the surface coal mining and reclamation operation. The compliance plan shall include--

(1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter VK;

(2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter VK are met; and

(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.13 Operation plan; blasting

(a) Blasting plan. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 4VAC25-130-816.61 through 4VAC25-130-816.68. This plan shall include, at a minimum, information setting forth the limitations the permittee will meet with regard to ground vibration and airblast, the bases for those limitations, and the methods to be applied in controlling the adverse effects of blasting operations.

(b) Monitoring system. Each application shall contain a description of any system to be used to monitor compliance with the standards of 4VAC25-130-816.67 including the type, capability, and sensitivity of any blast-monitoring equipment and proposed procedures and locations of monitoring.

(c) Blasting near underground mines. Blasting operations within 500 feet of active underground mines require approval of the State and Federal regulatory authorities concerned with the health and safety of underground miners.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.14 Operation plan; maps and plans

Each application shall contain maps and plans as follows:

(a) The maps and plans shall show the land proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 4VAC25-130-779.24 through 4VAC25-130-779.25.

(b) The following shall be shown for the proposed permit area:

(1) Buildings, utility corridors and facilities to be used;

(2) The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;

(3) Each area of land for which a performance bond or other equivalent guarantee will be posted under Subchapter VJ;

(4) Each coal storage, cleaning and loading area;

(5) Each topsoil, spoil, coal waste, and non-coal waste storage area;

(6) Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

(7) Each source of waste and each waste disposal facility relating to coal processing or pollution control;

(8) Each facility to be used to protect and enhance fish and wildlife and related environmental values;

(9) Each explosive storage and handling facility; and

(10) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 4VAC25-130-780.25 and fill area for the disposal of excess spoil in accordance with 4VAC25-130-780.35.

(c) Maps, plans, and cross sections required under Paragraphs (b)(4), (5), (6), (9) and (10), shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or certified professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture, except that--

(1) Maps, plans, and cross sections for sedimentation ponds may only be prepared by a qualified registered professional engineer; and

(2) Maps, plans, and cross sections of spoil disposal facilities may only be prepared by a qualified registered professional engineer.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.16 Fish and wildlife information

(a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(1) The scope and level of detail for such information shall be determined by the division in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under Paragraph (b) of this section.

(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(i) Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the Secretary under the Endangered Species Act of 1973, as amended (16 USC § 1531 et seq.), or those species or habitats protected by similar State statutes;

(ii) Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, migration routes, or reproduction and wintering areas; or

(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

(b) Protection and enhancement plan. Each application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act, during the surface coal mining and reclamation operations and how enhancement of these resources will be achieved where practicable. This description shall-

(1) Be consistent with the requirements of 4VAC25-130-816.97;

(2) Apply, at a minimum, to species and habitats identified under Paragraph (a) of this section; and

(3) Include-

(i) Protective measures that will be used during the active mining phase of operation. Such measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines, and the monitoring of surface water quality and quantity; and

(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. Such measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover, and the placement of perches and nest boxes. Where the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.

(c) Fish and Wildlife Service review. Upon request, the division shall provide the resource information required under Paragraph (a) of this section and the protection and enhancement plan required under Paragraph (b) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.18 Reclamation plan; general requirements

(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with § 45.2-1017 of the Act, Subchapter VK, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under 4VAC25-130-780.18 through 4VAC25-130-780.37.

(b) Each plan shall contain the following information for the proposed permit area:

(1) A detailed timetable for the completion of each major step in the reclamation plan;

(2) A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under Subchapter VJ with supporting calculations for the estimates;

(3) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross-sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 4VAC25-130-816.102 through 4VAC25-130-816.107;

(4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 4VAC25-130-816.22. A demonstration of the suitability of topsoil substitutes or supplements under 4VAC25-130-816.22(b) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, phosporous, potassium, and areal extent of the different kinds of soils. The division may require other chemical and physical analyses, and field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(5) A plan for revegetation as required in 4VAC25-130-816.111 through 4VAC25-130-816.116, including, but not limited to, descriptions of the--

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) Irrigation, if appropriate, and pest and disease control measures, if any;

(vi) Measures proposed to be used to determine the success of revegetation as required in 4VAC25-130-816.116; and

(vii) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 4VAC25-130-816.59;

(7) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 4VAC25-130-816.89 and 4VAC25-130-816.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(8) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings with in the proposed permit area, in accordance with 4VAC25-130-816.13 through 4VAC25-130-816.15;

(9) A description of the measures to be used to stabilize all exposed surface areas to control erosion and air pollution attendant to erosion as required under 4VAC25-130-816.95; and

(10) A description of steps to be taken to comply with the requirements of the Clean Air Act (42 USC § 7401 et seq.), the Clean Water Act (33 USC § 1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-780.21 Hydrologic information

(a) Sampling and analysis methodology. All water-quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the current edition of "Standard Methods for the Examination of Water and Wastewater," which is incorporated by reference, or the methodology in 40 CFR 136 and 434. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed above when feasible.

(b) Baseline information. The application shall include the following baseline hydrologic information, and any additional information required by the division.

(1) Ground-water information. The location and ownership for the permit and adjacent areas of existing wells, springs, and other ground-water resources, seasonal quality and quantity of ground-water, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25° C, pH, total iron, and total manganese. Ground-water quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and elevation of the water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.

(2) Surface-water information. The name, location, ownership, and description of all surface-water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface-water body in the proposed permit and adjacent areas, and information on surface-water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25° C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.

(3) Supplemental information. If the determination of the probable hydrologic consequences (PHC) required by Paragraph (f) of this section indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of ground-water or surface-water supplies, then information supplemental to that required under Paragraphs (b)(1) and (b)(2) of this section shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

(1) Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface- and ground-water systems as required by Paragraph (g) of this section shall be provided to the division if available from appropriate Federal or State agencies.

(2) If the information is not available from such agencies, then the applicant may gather and submit this information to the division as part of the permit application.

(3) The permit shall not be approved until the necessary hydrologic and geologic information is available to the division.

(d) Modeling. The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application, but actual surface- and ground-water information may be required by the division for each site even when such techniques are used.

(e) Alternative water source information. If the PHC determination required by Paragraph (f) of this section indicates that the proposed mining operation may proximately result in contamination, diminution, or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial or other legitimate purpose, then the application shall contain information on water availability and alternative water sources, including the suitability of alternative water sources for existing premining uses and approved postmining land uses.

(f) Probable hydrologic consequences determination.

(1) The application shall contain a determination of the probable hydrologic consequences (PHC) of the proposed operation upon the quality and quantity of surface and ground water under seasonal flow conditions for the proposed permit and adjacent areas.

(2) The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site.

(3) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface or ground-water supplies;

(iii) Whether the proposed operation may proximately result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent areas which is used for domestic, agricultural, industrial, or other legitimate purpose; and

(iv) What impact the proposed operation will have on:

(A) Sediment yield from the disturbed area;

(B) acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(D) ground-water and surface-water availability and;

(E) other characteristics as required by the division.

(4) An application for a permit revision shall be reviewed by the division to determine whether a new or updated PHC determination shall be required.

(g) Cumulative hydrologic impact assessment.

(1) The division shall provide an assessment of the probable cumulative hydrologic impacts (CHIA) of the proposed operation and all anticipated mining upon surface-and ground-water systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The division may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.

(2) An application for a permit revision shall be reviewed by the division to determine whether a new or updated CHIA shall be required.

(h) Hydrologic reclamation plan. The application shall include a plan, with maps and descriptions, indicating how the relevant requirements of Part 816, including 4VAC25-130-816.41 through 4VAC25-130-816.43, will be met. The plan shall be specific to the local hydrologic conditions. It shall contain the steps to be taken during mining and reclamation through bond release to minimize disturbances to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; to meet applicable Federal and State water quality laws and regulations; and to protect the rights of present water users. The plan shall include the measures to be taken to: Avoid acid or toxic drainage; prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide and maintain water-treatment facilities when needed; control drainage; restore approximate premining recharge capacity and protect or replace rights of present water users. The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under Paragraph (f) of this section and shall include preventive and remedial measures.

(i) Ground-water monitoring plan.

(1) The application shall include a ground-water monitoring plan based upon the PHC determination required under Paragraph (f) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the ground water for current and approved postmining land uses, to support the objectives for protection of the hydrologic balance set forth in Paragraph (h) of this section, to determine the cause of diminution or contamination of usable ground waters, and to guard against offsite influences and provide representation of the effects of the proposed surface mining operation. It shall identify the quantity and quality parameters to be monitored, sampling frequency, and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25° C, pH, total iron, total manganese, and water levels shall be monitored and data submitted quarterly or as otherwise specified by the division for each monitoring location.

(2) If an applicant can demonstrate by the use of the PHC determination and other available information that a particular water- bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the division.

(3) The monitoring plan shall be designed in accordance with the following Subparagraphs. The division may require additional monitoring and the analysis or measurement of other parameters on a site-specific basis. During the mining or postmining phase of activity, the division may require additional monitoring if it is determined that the established monitoring plan is ineffective.

(i) When pH or chemical analysis results indicate no immediate or potential acid-producing or toxic material within the proposed disturbed area, the applicant may submit a plan for representative monitoring. Appropriate monitoring which will indicate changes in subsurface water quality and quantity at sites which provide geological and hydrological representation of the entire proposed permit area shall be established.

(ii) When potential for adverse impacts to ground waters in use exists, then a representative monitoring plan utilizing wells or springs shall be provided. Information for each ground water monitoring well or spring shall be submitted.

(iii) When no potential to affect ground waters in use exists, then a plan utilizing piezometers or methods for representative monitoring in the unsaturated zone may be used.

(iv) When structural or stratigraphic variations are present within the proposed permit area, altering the ground water regime and indicating more than one representative area, the applicant shall include within the plan a minimum of one monitoring site for each representative area.

(v) The applicant shall include a plan to source monitor near isolated acid-producing or toxic material using piezometers or equipment for monitoring the unsaturated zone.

(vi) When any portion of a surface mine operation is proposed within a stream floodplain, the applicant shall include a plan for monitoring using wells in alluvial material both upstream and downstream of the proposed area to be disturbed. The plan shall also include adjacent upgradient and adjacent downgradient monitoring wells for any slurry pond with water having a pH of less than 6.0, coal stockpiles, and acid-producing or toxic-producing material disposal sites.

(vii) In cases where the alluvium monitored has been determined to be consistently or seasonally unsaturated, the division may require revision of the monitoring plan to include appropriate monitoring of the unsaturated zone.

(viii) Where potential exists for adverse impacts to the hydrologic regime from a surface mining operation situated in an area of colluvium, the division may require monitoring similar to that required in floodplain areas.

(ix) For each refuse or hollow fill without an underdrain, the applicant shall include a plan to monitor the fill using piezometers which are sufficient in number and design to permit a planar determination of a potential water table within the fill.

(x) When a refuse or hollow fill is designed to contain underdrains, then a plan for monitoring the underdrain may be used, provided that the underdrain discharge indicates changes in water quality resulting from the fill and not from other sources or outside influences. If the underdrain is not representative of the effects of the fill material, then piezometers shall be used.

(xi) The applicant may include a plan to use a spring in lieu of other monitoring methods if:

(A) The spring is located both stratigraphically and geographically so that data representing an area to be disturbed or an acid or toxic spoil isolation area will be obtained.

(B) The spring has been observed and documented satisfactorily to the division to be a permanent spring.

(j) Surface-water monitoring plan.

(1) The application shall include a surface-water monitoring plan based upon the PHC determination required under Paragraph (f) of this section and the analysis of all baseline hydrologic, geologic, and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in Paragraph (h) of this section as well as the effluent limitations found at 40 CFR 434.

(2) The plan shall identify the surface-water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in surface-water bodies such as streams, lakes, and impoundments, that are potentially impacted or into which water will be discharged, and at upstream monitoring locations, the total dissolved solids or specific conductance corrected to 25° C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR 122, 123 and 434 and as required by the National Pollutant Discharge Elimination System permit.

(3) The monitoring reports shall be submitted to the division quarterly. The division may require additional monitoring.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.22 Geologic information

(a) General. Each application shall include geologic information in sufficient detail to assist in determining--

(1) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground-water in the permit and adjacent areas, including the extent to which surface-and ground-water monitoring is necessary;

(2) All potentially acid- or toxic-forming strata down to and including the stratum immediately below the lowest coal seam to be mined; and

(3) Whether reclamation as required by this chapter can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area.

(b) Geologic information shall include, at a minimum the following:

(1) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and the occurrence, availability, movement, quantity, and quality of potentially impacted surface and ground waters. It shall be based on--

(i) The cross sections, maps and plans required by 4VAC25-130-779.25;

(ii) The information obtained under Paragraphs (b)(2) and (c) of this section; and

(iii) Geologic literature and practices.

(2) Analyses of samples collected from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops from the permit area, down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:

(i) Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;

(ii) Chemical analyses identifying those strata that may contain acid- or toxic-forming or alkalinity-producing materials and to determine their content except that the division may find that the analysis for alkalinity-producing materials is unnecessary; and

(iii) Chemical analyses of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the division may find that the analysis of pyritic sulfur content is unnecessary.

(c) If determined to be necessary to protect the hydrologic balance or to meet the performance standards of this chapter, the division may require the collection, analysis, and description of geologic information in addition to that required by Paragraph (b) of this section.

(d) An applicant may request the division to waive in whole or in part the requirements of Paragraph (b)(2) of this section. The waiver may be granted only if the division finds in writing that the collection and analysis of such data is unnecessary because other equivalent information is available to the division in a satisfactory form.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.23 Reclamation plan; land use information

(a) The plan shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area; including:

(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed within five years before the anticipated data of beginning the proposed operations, the historic use of the land shall also be described to the extent such information is available. In the case of previously mined land, the use of the land prior to any mining shall also be described to the extent such information is available.

(2) A narrative of land capability and productivity which analyzes the land use description under paragraph (a) of this section in conjunction with other environmental resources information. The narrative shall provide analyses of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover, and the hydrology of the proposed permit area; and

(ii) The productivity of the proposed permit area before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, state agricultural universities, or appropriate state natural resource or agricultural agencies.

(b) Each plan shall contain a detailed description of the proposed use, following reclamation, of the land within the proposed permit area, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use of existing land use policies and plans. This description shall explain:

(1) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

(2) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under 4VAC25-130-816.33; and

(3) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable state and local land use plans and programs.

(c) The description shall be accompanied by a copy of the comments concerning the proposed use by the legal or equitable owner of record of the surface of the proposed permit area and the state and local government agencies which would have to initiate, implement, approve, or authorize the proposed use of the land following reclamation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-780.25 Reclamation plan; siltation structures, impoundments, banks, dams, and embankments

(a) General. Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area.

(1) Each general plan shall—

(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or by a certified professional geologist with assistance from experts in related fields, such as land surveying and landscape architecture;

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred; and

(v) Contain a certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the division. The division shall have approved, in writing, the detailed design plan for the structure before construction of the structure begins.

(2) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60), Oct. 1985). "Earth Dams and Reservoirs." Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size of other criteria of the Mine Safety and Health Administration. The technical release is hereby incorporated by reference. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C. or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C. Each detailed design plan for a structure that meets or exceeds the size or other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), shall—

(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance from experts in related fields, such as geology, land surveying, and landscape architecture;

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate.

(3) Each detailed design plan for structures not included in paragraph (a)(2) of this section shall—

(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer or registered land surveyor except that all coal processing waste dams and embankments covered by 4VAC25-130-816.81 through 4VAC25-130-816.84 shall be certified by a qualified registered professional engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate.

(b) Siltation structures. Siltation structures shall be designed in compliance with the requirements of 4VAC25-130-816.46.

(1) Permanent and temporary impoundments shall be designed to comply with the requirements of 4VAC25-130-816.49.

(2) Each plan for an impoundment meeting the size or other criteria of the Mine Safety and Health Administration shall comply with the requirements of 30 CFR 77.216-1 and 77.216-2. The plan required to be submitted to the District Manager of MSHA under 30 CFR 77.216 shall be submitted to the division as part of the permit application in accordance with paragraph (a) of this section.

(3) For impoundments not included in paragraph (a)(2) of this section, the division may establish engineering design standards that ensure stability comparable to a 1.3 minimum static safety factor in lieu of engineering tests to establish compliance with the minimum static factor of 1.3 specified in 4VAC25-130-816.49(a)(4)(ii) of this chapter.

(d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of 4VAC25-130-816.81 through 4VAC25-130-816.84.

(e) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 4VAC25-130-816.81 through 4VAC25-130-816.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(1) The number, location, and depth of borings and test pits shall be determined using current prudent engineering practice for the size of the dam or embankment, quantity of material to be impounded, and subsurface conditions.

(2) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment, or reservoir site shall be considered.

(3) All springs, seepage, and ground water flow observed or anticipated during wet periods, in the area of the proposed dam or embankment shall be identified on each plan.

(4) Consideration shall be given to the possibility of mud flows, rock debris falls, or other landslides into the dam, embankment, or impounded material.

(f) If the structure meets the Class B or C criteria for dams in TR-60 or meets the size or other criteria of 30 CFR 77.216(a), each plan under paragraphs (b), (c), and (e) of this section shall include a stability analysis of each structure. The stability analysis shall include, but not be limited to, strength parameters, pore pressures, and long-term seepage conditions. The plan shall also contain a description of each engineering design assumption and calculation with a discussion of each alternative considered in selecting the specific design parameters and construction methods.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-780.27 Reclamation plan; surface mining near underground mining

For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with 4VAC25-130-816.79.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.27, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.29 Diversions

Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 4VAC25-130-816.43.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.29, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.31 Protection of public parks and historic places

(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used --

(1) To prevent adverse impacts, or

(2) If valid existing rights exist or joint agency approval is to be obtained under 4VAC25-130-761.12(f), to minimize adverse impacts.

(b) The division may require the applicant to protect historic and archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance provided that the required measures are completed before the properties are affected by any mining operation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.31, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.33 Relocation or use of public roads

Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and land owners affected are protected, if, under 4VAC25-130-761.12(d), the applicant seeks to have the division approve--

(a) Conducting the proposed surface mining activities within 100 feet of the right-of-way line of any public road, except where the mine access or haul roads join that right-of-way; or

(b) Relocating a public road.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.33, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.35 Disposal of excess spoil

(a) Each application shall contain descriptions, including appropriate maps and cross section drawings of the proposed disposal site and design of the spoil disposal structures according to 4VAC25-130-816.71 through 4VAC25-130-816.75. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures.

(b) Except for the disposal of excess spoil on preexisting benches, each application shall contain the results of a geotechnical investigation of the proposed disposal site, including the following:

(1) The character of bedrock and any adverse geologic conditions in the disposal area;

(2) A survey identifying all springs, seepage, and ground water flow observed or anticipated during wet periods in the area of the disposal site;

(3) A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations;

(4) A technical description of the rock materials to be utilized in the construction of those disposal structures containing rock chimney cores or underlain by a rock drainage blanket; and

(5) A stability analysis including, but not limited to, strength parameters, pore pressures and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

(c) If, under 4VAC25-130-816.71(d), rocktoe buttresses or key-way cuts are required, the application shall include the following:

(1) The number, location, and depth of borings or test pits which shall be determined with respect to the size of the spoil disposal structure and subsurface conditions; and

(2) Engineering specifications utilized to design the rocktoe buttress or key-way cuts which shall be determined in accordance with paragraph (b)(5) of this section.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.35, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-780.37 Road systems

(a) Plans and drawings. Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 4VAC25-130-700.5, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall-

(1) Include a map, appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;

(2) Contain the drawings and specifications of each proposed road that is located in the channel of an intermittent or perennial stream, as necessary for approval of the road by the division in accordance with 4VAC25-130-816.150(d)(1);

(3) Contain the drawings and specifications for each proposed ford of perennial or intermittent streams that is used as a temporary route, as necessary for approval of the ford by the division in accordance with 4VAC25-130-816.151(c)(2);

(4) Contain a description of measures to be taken to obtain approval of the division for alteration or relocation of a natural stream channel under 4VAC25-130-816.151(d)(5);

(5) Contain the drawings and specifications for each low-water crossing of perennial or intermittent stream channels so that the division can maximize the protection of the stream in accordance with 4VAC25-130-816.151(d)(6); and

(6) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

(b) Primary road certification. The plans and drawings for each primary road shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer, or a qualified registered professional land surveyor, experienced in the design and construction of roads, as meeting the requirements of this chapter; current, prudent engineering practices; and any design criteria established by the division.

(c) Geotechnical analysis. A report of appropriate geotechnical analysis shall be submitted, where approval of the division is required for alternative specifications, or for steep cut slopes under 4VAC25-130-816.150 and 4VAC25-130-816.151.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.37, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-780.38 Support facilities

Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 4VAC25-130-816.181 for each facility.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 780.38, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 783 Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources

4VAC25-130-783.4 Responsibilities

(a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application.

(b) It is the responsibility of State and Federal governmental agencies to provide information for applications as specifically required by this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.11 General requirements

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.12 General environmental resources information

Each application shall describe and identify--

(b) The nature of cultural and historic resources listed or eligible for listing on the National Register of Historic Places and known archaeological features within the proposed permit and adjacent areas. The description shall be based on all available information, including, but not limited to, data of State and local archaeological, historical, and cultural preservation agencies.

(i) Collection of additional information;

(ii) Conduct of field investigations; or

(iii) Other appropriate analyses.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.18 Climatological information

(a) When requested by the division, the application shall contain a statement of the climatological factors that are representative of the proposed locality of the permit area, including:

(1) The average seasonal precipitation;

(2) The average direction and velocity of prevailing winds; and

(3) Seasonal temperature ranges.

(b) The division may request such additional data as deemed necessary to ensure compliance with the requirements of this Subchapter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.19 Vegetation information

(a) The permit application shall contain a map or narrative describing the vegetation within the proposed permit area and within any proposed reference area.

(b) Where a vegetative map is utilized, show the outline of the proposed permit area, and show north point indicator. Sufficient adjacent areas shall be included to allow evaluation of vegetation as important habitat for fish and wildlife for those species of fish and wildlife identified under 4VAC25-130-784.21.

(c) Explain the results of the vegetative survey conducted on the area to be affected by the proposed mining operation. This survey must include as a minimum:

(1) Names, addresses, and qualifications of persons or organization which collected and analyzed the data.

(2) Dates of the collection and analyses.

(3) Names, addresses, and positions of people in private, academic publications, or governmental agencies who contributed to the preparation of the vegetative survey.

(d) Delineate the major plant communities of canopy, shrubs, and understory types.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.21 Soil resources information

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.22 Land-use information

(a) The application shall contain a statement of the condition, capability, and productivity of the land which will be affected by surface operations and facilities within the proposed permit area, including--

(2) A narrative of land capability and productivity, which analyzes the land-use description under Paragraph (a) of this section in conjunction with other environmental resources information required under this Part. The narrative shall provide analysis of:

(i) The capability of the land before any mining to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the area proposed to be affected by surface operations or facilities; and

(ii) The productivity of the area proposed to be affected by surface operations and facilities before mining, expressed as average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management. The productivity shall be determined by yield data or estimates for similar sites based on current data from the U.S. Department of Agriculture, or appropriate State natural resources or agricultural agencies specified by the division.

(b) The application shall state whether the proposed permit area has been previously mined, and, if so, the following information, if available:

(1) The type of mining method used;

(2) The coal seams or other mineral strata mined;

(3) The extent of coal or other minerals removed;

(4) The approximate dates of past mining; and

(5) The uses of the land preceding mining.

(c) The application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent area.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.24 Maps; general requirements

The permit application shall include maps showing--

(a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area;

(b) The boundaries of land within the proposed permit area upon which the applicant has the legal right to enter and begin underground mining activities;

(c) The boundaries of all areas proposed to be affected over the estimated total life of the proposed underground mining activities, with a description of size, sequence, and timing of the mining of subareas for which it is anticipated that additional permits will be sought;

(d) The location of all buildings in and within 1,000 feet of the proposed permit area, with identification of the current use of the buildings;

(f) The location and boundaries of any proposed reference areas for determining the success of revegetation;

(g) The locations of water supply intakes for current users of surface waters flowing into, out of, and within a hydrologic area defined by the division and those surface waters which will receive discharges from affected areas in the proposed permit area;

(h) Each public road located in or within 100 feet of the proposed permit area;

(j) Each cemetery that is located in or within 100 feet of the proposed permit area;

(l) Other relevant information required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.24, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-783.25 Cross sections, maps and plans

(a) The application shall include cross sections, maps, and plans showing—

(1) Elevations and locations of test borings and core samplings;

(2) Elevations and locations of monitoring stations used to gather data for water quality and quantity and fish and wildlife in preparation of the application;

(3) Nature, depth, and thickness of the coal seams to be mined, any coal or rider seams above the seam to be mined, each stratum of the overburden, and the stratum immediately below the lowest coal seam to be mined;

(4) All coal crop lines and the strike and dip of the coal to be mined within the proposed permit area;

(5) Location and extent of known workings of active, inactive, or abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent area;

(6) Location and extent of subsurface water, if encountered, within the proposed permit and adjacent area, including, but not limited to horizontal and vertical distribution of aquifers, and portrayal of seasonal differences of head in different aquifers on cross sections and contour maps;

(7) Location of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the proposed permit and adjacent areas;

(8) Location and extent of existing or previously surface-mined areas within the proposed permit area;

(9) Location and dimensions of existing areas of spoil, waste, coal development waste and noncoal waste disposal, dams, embankments, other impoundments, and water treatment facilities within the proposed permit area;

(10) Location and depth, if available, of gas and oil wells within the proposed permit area and water wells in the permit area and adjacent areas;

(b) Maps, plans, and cross sections included in a permit application which are required by this section shall be prepared by or under the direction of and certified by a qualified registered professional engineer or certified professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture and shall be updated as required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 783.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

Part 784 Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan

4VAC25-130-784.4 Responsibilities

(a) It is the responsibility of the applicant to provide to the division all of the information required by this Part, except where specifically exempted in this Part.

(b) It is the responsibility of the State and Federal governmental agencies to provide information to the division where specifically required in this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.11 Operation plan; general requirements

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following:

(1) Dams, embankments, and other impoundments;

(2) Overburden and topsoil handling and storage areas and structures;

(3) Coal removal, handling, storage, cleaning, and transportation areas and structures;

(4) Spoil, coal processing waste, mine development waste, and non-coal waste removal, handling, storage, transportation, and disposal areas and structures;

(5) Mine facilities; and

(6) Water pollution control facilities.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.12 Operation plan; existing structures

(1) Location;

(2) Plans of the structure which describe its current condition;

(3) Approximate dates on which construction of the existing structure was be un and completed.

(1) Design specifications for modification and reconstruction of the structure to meet design and performance standards of Subchapter VK;

(2) A construction schedule which shows dates for beginning and completing interim steps and final reconstruction;

(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter VK are met;

(4) A showing that the risk of harm to the environment or to the public health or safety is not significant during the period of modification or reconstruction; and

(5) A showing, including relevant monitoring data or other evidence, whether the structure meets the performance standards of Subchapter VK, or, if the structure does not meet the performance standards of Subchapter VK, a showing whether the structure meets the performance standards of the initial regulatory program.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.13 Reclamation plan; general requirements

(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with §§ 45.2-1017 and 45.2-1018 of the Act, Subchapter VK, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under 4VAC25-130-784.13 through 4VAC25-130-784.29.

(b) Each plan shall contain the following information for the proposed permit area:

(1) A detailed timetable for the completion of each major step in the reclamation plan;

(2) A detailed estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under Subchapter VJ, with supporting calculations for the estimates;

(3) A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area, in accordance with 4VAC25-130-817.102 through 4VAC25-130-817.107;

(4) A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of 4VAC25-130-817.22. A demonstration of the suitability of topsoil substitutes or supplements under 4VAC25-130-817.22(b) shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, phosphorus, potassium, and areal extent of the different kinds of soils. The division may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements;

(5) A plan for revegetation as required in 4VAC25-130-817.111 through 4VAC25-130-817.116 including, but not limited to, descriptions of the--

(i) Schedule of revegetation;

(ii) Species and amounts per acre of seeds and seedlings to be used;

(iii) Methods to be used in planting and seeding;

(iv) Mulching techniques;

(v) Irrigation, if appropriate, and pest and disease control measures, if any;

(vi) Measures proposed to be used to determine the success of revegetation as required in 4VAC25-130-817.116; and

(vii) A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation;

(6) A description of the measures to be used to maximize the use and conservation of the coal resource as required in 4VAC25-130-817.59;

(7) A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with 4VAC25-130-817.89 and 4VAC25-130-817.102 and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(9) A description of the measures to be used to stabilize all exposed surface areas to control erosion and air pollution attendant to erosion as required under 4VAC25-130-817.95; and

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-784.14 Hydrologic information

(a) Sampling and analysis. All water quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the current edition of "Standard Methods for the Examination of Water and Wastewater," which is incorporated by reference, or the methodology in 40 CFR Parts 136 and 434. Water quality sampling performed to meet the requirements of this section shall be conducted according to either methodology listed above when feasible.

(b) Baseline information. The application shall include the following baseline hydrologic information, and any additional information required by the division.

(1) Groundwater information. The location and ownership for the permit and adjacent areas of existing wells, springs, and other groundwater resources, seasonal quality and quantity of groundwater, and usage. Water quality descriptions shall include, at a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, and total manganese. Groundwater quantity descriptions shall include, at a minimum, approximate rates of discharge or usage and elevation of water in the coal seam, and each water-bearing stratum above and potentially impacted stratum below the coal seam.

(2) Surface water information. The name, location, ownership and description of all surface water bodies such as streams, lakes, and impoundments, the location of any discharge into any surface water body in the proposed permit and adjacent areas, and information on surface water quality and quantity sufficient to demonstrate seasonal variation and water usage. Water quality descriptions shall include, at a minimum, baseline information on total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, and total manganese. Baseline acidity and alkalinity information shall be provided if there is a potential for acid drainage from the proposed mining operation. Water quantity descriptions shall include, at a minimum, baseline information on seasonal flow rates.

(3) Supplemental information. If the determination of the probable hydrologic consequences (PHC) required by subsection (e) of this section indicates that adverse impacts on or off the proposed permit area may occur to the hydrologic balance, or that acid-forming or toxic-forming material is present that may result in the contamination of groundwater or surface water supplies, then information supplemental to that required under subdivisions (b)(1) and (b)(2) of this section shall be provided to evaluate such probable hydrologic consequences and to plan remedial and reclamation activities. Such supplemental information may be based upon drilling, aquifer tests, hydrogeologic analysis of the water-bearing strata, flood flows, or analysis of other water quality or quantity characteristics.

(1) Hydrologic and geologic information for the cumulative impact area necessary to assess the probable cumulative hydrologic impacts of the proposed operation and all anticipated mining on surface water and groundwater systems as required by subsection (f) of this section shall be provided to the division if available from appropriate federal or state agencies.

(2) If this information is not available from such agencies, then the applicant may gather and submit this information to the division as part of the permit application.

(3) The permit shall not be approved until the necessary hydrologic and geologic information is available to the division.

(d) Modeling. The use of modeling techniques, interpolation or statistical techniques may be included as part of the permit application, but actual surface water and groundwater information may be required by the division for each site even when such techniques are used.

(e) Probable hydrologic consequences determination.

(2) The PHC determination shall be based on baseline hydrologic, geologic and other information collected for the permit application and may include data statistically representative of the site.

(3) The PHC determination shall include findings on:

(i) Whether adverse impacts may occur to the hydrologic balance;

(ii) Whether acid-forming or toxic-forming materials are present that could result in the contamination of surface water or groundwater supplies; and

(iii) What impact the proposed operation will have on:

(A) Sediment yield from the disturbed area;

(B) Acidity, total suspended and dissolved solids, and other important water quality parameters of local impact;

(D) Groundwater and surface water availability; and

(E) Other characteristics as required by the division.

(iv) Whether the underground mining activities conducted after October 24, 1992, may result in contamination, diminution or interruption of a well or spring in existence at the time the permit application is submitted and used for domestic, drinking, or residential purposes within the permit or adjacent areas.

(4) An application for a permit revision shall be reviewed by the division to determine whether a new or updated PHC determination shall be required.

(f) Cumulative hydrologic impact assessment.

(1) The division shall provide an assessment of the probable cumulative hydrologic impacts CHIA) of the proposed operation and all anticipated mining upon surface water and groundwater systems in the cumulative impact area. The CHIA shall be sufficient to determine, for purposes of permit approval, whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. The division may allow the applicant to submit data and analyses relevant to the CHIA with the permit application.

(2) An application for a permit revision shall be reviewed by the division to determine whether a new or updated CHIA shall be required.

(g) Hydrologic reclamation plan. The application shall include a plan, with maps and descriptions, indicating how the relevant requirements of Part 817 of this chapter, including 4VAC25-130-817.41 through 4VAC25-130-817.43, will be met. The plan shall be specific to the local hydrologic conditions. It shall contain the steps to be taken during mining and reclamation through bond release to minimize disturbance to the hydrologic balance within the permit and adjacent areas; to prevent material damage outside the permit area; and to meet applicable federal and state water quality laws and regulations. The plan shall include the measures to be taken to: avoid acid or toxic drainage; prevent to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow; provide and maintain water treatment facilities when needed; control drainage; prevent the sudden release of accumulated water from the underground workings; and restore approximate premining recharge capacity. The plan shall specifically address any potential adverse hydrologic consequences identified in the PHC determination prepared under subsection (e) of this section and shall include preventive and remedial measures.

(h) Groundwater monitoring plan.

(1) The application shall include a groundwater monitoring plan based upon the PHC determination required under subsection (e) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the groundwater for current and approved postmining land uses, to support the objectives for protection of the hydrologic balance set forth in subsection (g) of this section, to determine the cause of diminution or contamination of usable ground waters, and to guard against off-site influences and provide representation of the effects of the proposed surface coal mining operation. It shall identify the quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, and water levels shall be monitored and data submitted quarterly or as otherwise specified by the division for each monitoring location.

(2) If an applicant can demonstrate by use of the PHC determination and other available information that a particular water-bearing stratum in the proposed permit and adjacent areas is not one which serves as an aquifer which significantly ensures the hydrologic balance within the cumulative impact area, then monitoring of that stratum may be waived by the division.

(3) The monitoring plan shall be designed in accordance with the following subparagraphs. The division may require additional monitoring and the analysis or measurement of other parameters on a site-specific basis. During the mining or postmining phase of activity, the division may require additional monitoring if it is determined that the established monitoring plan is ineffective.

(ii) When potential for adverse impacts to ground waters in use exists, then a representative monitoring plan utilizing wells or springs shall be provided.

(iii) When no potential to affect ground waters in use exists, then a plan utilizing piezometers or methods for representative monitoring in the unsaturated zone may be used.

(v) The applicant shall include a plan to source monitor near isolated acid-producing or toxic material using piezometers or equipment for monitoring the unsaturated zone.

(xi) The applicant may include a plan to use a spring in lieu of other monitoring methods if:

(A) The spring is located both stratigraphically and geographically so that data representing an area to be disturbed or an acid or toxic spoil isolation area will be obtained.

(B) The spring has been observed and documented satisfactorily to the division to be a permanent spring.

(xii) For the adjacent area, the applicant shall submit a plan to individually monitor each significant aquifer identified with wells, springs, mine discharges or any combination of these. The plan shall include flow measurements for each point under seasonal conditions. The division shall require quality analyses in addition to quantity measurements if it determines that such monitoring is necessary for protection of the hydrologic balance.

(i) Surface water monitoring plan.

(1) The application shall include a surface water monitoring plan based upon the PHC determination required under subsection (e) of this section and the analysis of all baseline hydrologic, geologic and other information in the permit application. The plan shall provide for the monitoring of parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in subsection (g) of this section as well as the effluent limitations found at 40 CFR Part 434.

(2) The plan shall identify the surface water quantity and quality parameters to be monitored, sampling frequency and site locations. It shall describe how the data may be used to determine the impacts of the operation upon the hydrologic balance.

(i) At all monitoring locations in surface water bodies such as streams, lakes, and impoundments, that are potentially impacted or into which water will be discharged and at upstream monitoring locations, the total dissolved solids or specific conductance corrected to 25°C, total suspended solids, pH, total iron, total manganese, and flow shall be monitored.

(ii) For point-source discharges, monitoring shall be conducted in accordance with 40 CFR Parts 122, 123, and 434 and as required by the National Pollutant Discharge Elimination System permit.

(3) The monitoring reports shall be submitted to the division quarterly. The division may require additional monitoring.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 13, Issue 11, eff. March 19, 1997; Volume 14, Issue 5, eff. December 24, 1997.

4VAC25-130-784.15 Reclamation plan; land use information

(a) The plan shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area; including:

(1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of the land was changed with five years before the anticipated date of beginning the proposed operations, the historic use of the land shall also be described to the extent such information is available.

(2) A narrative of land capability and productivity, which analyzes the land use description under paragraph (a) of this section in conjunction with other environmental resources information. The narrative shall provide analyses of:

(1) How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

(2) Where a land use different from the premining land use is proposed, all materials needed for approval of the alternative use under 4VAC25-130-816.133; and

(3) The consideration which has been given to making all of the proposed surface mining activities consistent with surface owner plans and applicable state and local land use plans and programs.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-784.16 Reclamation plan; siltation structures, impoundments, banks, dams, and embankments

(1) Each general plan shall-

(ii) Contain a description, map, and cross section of the structure and its location;

(iii) Contain preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure;

(iv) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from any past underground mining operations; and

(v) Contain a certification statement which includes a schedule of the dates that any detailed design plans for structures that are not submitted with the general plan will be submitted to the division. The division shall have approved, in writing, the detailed design plan for the structure before construction of the structure begins.

(2) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," Technical Release No. 60 (TR-60) shall comply with the requirements of this section for structures that meet or exceed the size of other criteria of the Mine Safety and Health Administration. The technical release is hereby incorporated by reference. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. PB 87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C. or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C. Each detailed design plan for a structure that meets or exceeds the size or other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), shall—

(ii) Include any geotechnical investigation, design, and construction requirements for the structure;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate.

(3) Each detailed design plan for structures not included in paragraph (a)(2) of this section shall—

(i) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer or registered land surveyor except that all coal processing waste dams and embankments covered by 4VAC25-130-817.81 through 4VAC25-130-817.84 shall be certified by a qualified registered professional engineer;

(ii) Include any design and construction requirements for the structure, including any required geotechnical information;

(iii) Describe the operation and maintenance requirements for each structure; and

(iv) Describe the timetable and plans to remove each structure, if appropriate.

(b) Siltation structures. Siltation structures shall be designed in compliance with the requirements of 4VAC25-130-817.46.

(1) Permanent and temporary impoundments shall be designed to comply with the requirements of 4VAC25-130-817.49.

(3) For impoundments not included in paragraph (a)(2) of this section the division may establish engineering design standards that ensure stability comparable to a 1.3 minimum static safety factor in lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3 specified in 4VAC25-130-817.49(a)(4)(ii).

(d) Coal processing waste banks. Coal processing waste banks shall be designed to comply with the requirements of 4VAC25-130-817.81 through 4VAC25-130-817.84.

(e) Coal processing waste dams and embankments. Coal processing waste dams and embankments shall be designed to comply with the requirements of 4VAC25-130-817.81 through 4VAC25-130-817.84. Each plan shall comply with the requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area, to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, according to the following:

(3) All springs, seepage, and ground water flow observed or anticipated during wet periods, in the area of the proposed dam or embankment shall be identified on each plan.

(4) Consideration shall be given to the possibility of mud flows, rock debris, falls, or other landslides into the dam, embankment, or impounded material.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-784.17 Protection of public parks and historic places

(1) To prevent adverse impacts, or

(2) If valid existing rights exist or joint agency approval is to be obtained under 4VAC25-130-761.12(f), to minimize impacts.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.18 Relocation or use of public roads

Each application shall describe, with appropriate maps and cross-sections, the measures to be used to ensure that the interests of the public and land owners affected are protected, if, under 4VAC25-130-761.12(d), the applicant seeks to have the division approve--

(a) Conducting the proposed underground mining activities within 100 feet of the right-of-way line of any public road, except where mine access or haul roads join the right-of-way; or

(b) Relocating a public road.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.19 Underground development waste

Each application shall contain descriptions, including appropriate maps and cross-section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, according to 4VAC25-130-817.71 through 4VAC25-130-817.75. These plans shall describe the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures, and be prepared according to 4VAC25-130-780.35.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.20 Subsidence control plan

(a) Presubsidence survey. Each application must include:

(1) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the division, showing the location and type of structures and renewable resource lands that subsidence may materially damage or for which the value or reasonably foreseeable use may be diminished by subsidence, and showing the location and type of drinking, domestic, and residential water supplies that could be contaminated, diminished, or interrupted by subsidence.

(2) A narrative indicating whether subsidence, if it occurred, could cause material damage to or diminish the value or reasonably foreseeable use of such structures or renewable resource lands or could contaminate, diminish, or interrupt drinking, domestic, or residential water supplies.

(3) A survey of the quantity and quality of all drinking, domestic and residential water supplies within the permit area and adjacent area that could be contaminated, diminished or interrupted by subsidence. If the applicant cannot make this survey because the owner will not allow access to the site, the applicant will notify the owner in writing of the effect that denial of access will have pursuant to § 45.2-1030 of the Code of Virginia, as amended. The applicant must pay for any technical assessment or engineering evaluation used to determine the quantity and quality of drinking, domestic, or residential water supplies. The applicant must provide copies of the survey and any technical assessment or engineering evaluation to the property owner and the division.

(b) Subsidence control plan. If the survey conducted under subsection (a) of this section shows that no structures, or drinking, domestic, or residential water supplies, or renewable resource lands exist, or that no material damage or diminution in value or reasonably foreseeable use of such structures or lands, and no contamination, diminution or interruption of such water supplies would occur as a result of mine subsidence, and if the division agrees with this conclusion, no further information need be provided under this section. If the survey shows that structures, renewable resource lands, or water supplies exist and that subsidence could cause material damage or diminution in value or reasonably foreseeable use, or contamination, diminution or interruption of protected water supplies, or if the division determines that damage, diminution, in value or foreseeable use, or contamination, diminution, or interruption could occur, the application must include a subsidence control plan that contains the following information:

(1) A description of the method of coal removal, such as longwall mining, room-and-pillar removal or hydraulic mining including the size, sequence and timing of the development of underground workings;

(2) A map of the underground workings that describes the location and extent of the areas in which planned subsidence mining methods will be used and that identifies all areas where the measures described in subdivisions (b) (4), (b) (5), and (b) (7) of this section will be taken to prevent or minimize subsidence and subsidence related damage; and, when applicable, to correct subsidence related material damage;

(3) A description of the physical conditions, such as depth of cover, seam thickness and lithology of overlaying strata, that affects the likelihood or extent of subsidence and subsidence related damage;

(4) A description of the monitoring, if any, needed to determine the commencement and degree of subsidence so that, when appropriate, other measures can be taken to prevent, reduce, or correct material damage in accordance with 4VAC25-130-817.121 (c).

(5) Except for those areas where planned subsidence is projected to be used, a detailed description of the subsidence control measures that will be taken to prevent or minimize subsidence and subsidence related damage, such as, but not limited to:

(i) Backstowing or backfilling of voids;

(ii) Leaving support pillars of coal;

(iii) Leaving areas in which no coal is removed, including a description of the overlying area to be protected by leaving coal in place; and

(iv) Taking measures on the surface to prevent or minimize material damage or diminution in value of the surface.

(6) A description of the anticipated effects of planned subsidence, if any.

(7) For those areas where planned subsidence is projected to be used, a description of methods to be employed to minimize damage from planned subsidence to noncommercial buildings and occupied residential dwellings and structures related thereto; or the written consent of the owner of the structure or facility that minimization measures not be taken; or, unless the anticipated damage would constitute a threat to health or safety, a demonstration that the costs of minimizing damage exceed the anticipated costs or repair.

(8) A description of the measures to be taken in accordance with 4VAC25-130-817.41 (j) and 4VAC25-130-817.121 (c) to replace adversely affected protected water supplies or to mitigate or remedy any subsidence related material damage to the land and protected structures.

(9) Other information specified by the division as necessary to demonstrate that the operation will be conducted in accordance with 4VAC25-130-817.121.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-784.21 Fish and wildlife information

(a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area.

(2) Site-specific resource information necessary to address the respective species or habitats shall be required when the permit area or adjacent area is likely to include:

(iii) Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

(1) Be consistent with the requirements of 4VAC25-130-817.97;

(2) Apply, at a minimum, to species and habitats identified under Paragraph (a) of this section; and

(3) Include-

(c) Fish and Wildlife Service Review. Upon request, the division shall provide the resource information required under Paragraph (a) of this section and the protection and enhancement plan required under Paragraph (b) of this section to the U.S. Department of the Interior, Fish and Wildlife Service Regional or Field Office for their review. This information shall be provided within 10 days of receipt of the request from the Service.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.22 Geologic information

(a) General. Each application shall include geologic information in sufficient detail to assist in-

(1) Determining the probable hydrologic consequences of the operation upon the quality and quantity of surface and ground water in the permit and adjacent areas, including the extent to which surface- and ground-water monitoring is necessary;

(2) Determining all potentially acid- or toxic-forming strata down to and including the stratum immediately below the coal seam to be mined;

(3) Determining whether reclamation as required by this chapter can be accomplished and whether the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; and

(4) Preparing the subsidence control plan under 4VAC25-130-784.20.

(b) Geologic information shall include, at a minimum, the following:

(1) A description of the geology of the proposed permit and adjacent areas down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. This description shall include the areal and structural geology of the permit and adjacent areas, and other parameters which influence the required reclamation and it shall also show how the areal and structural geology may affect the occurrence, availability, movement, quantity and quality of potentially impacted surface and ground water. It shall be based on-

(i) The cross sections, maps, and plans required by 4VAC25-130-783.25;

(ii) The information obtained under Paragraphs (b)(2), (b)(3), and (c) of this section; and

(iii) Geologic literature and practices.

(2) For any portion of a permit area in which the strata down to the coal seam to be mined will be removed or are already exposed, samples shall be collected and analyzed from test borings; drill cores; or fresh, unweathered, uncontaminated samples from rock outcrops down to and including the deeper of either the stratum immediately below the lowest coal seam to be mined or any aquifer below the lowest coal seam to be mined which may be adversely impacted by mining. The analyses shall result in the following:

(i) Logs showing the lithologic characteristics including physical properties and thickness of each stratum and location of ground water where occurring;

(ii) Chemical analyses identifying those strata that may contain acid- or toxic-forming, or alkalinity-producing materials and to determine their content except that the division may find that the analysis for alkalinity-producing material is unnecessary; and

(iii) Chemical analysis of the coal seam for acid- or toxic-forming materials, including the total sulfur and pyritic sulfur, except that the division may find that the analysis of pyritic sulfur content is unnecessary.

(3) For lands within the permit and adjacent areas where the strata above the coal seam to be mined will not be removed, samples shall be collected and analyzed from test borings or drill cores to provide the following data:

(i) Logs of drill holes showing the lithologic characteristics, including physical properties and thickness of each stratum that may be impacted, and location of ground water where occurring;

(ii) Chemical analyses for acid- or toxic-forming or alkalinity-producing materials and their content in the strata immediately above and below the coal seam to be mined;

(iv) For standard room and pillar mining operations, the thickness and engineering properties of clays or soft rock such as clay shale, if any, in the stratum immediately above and below each coal seam to be mined.

(c) If determined to be necessary to protect the hydrologic balance, to minimize or prevent subsidence, or to meet the performance standards of this chapter, the division may require the collection, analysis and description of geologic information in addition to that required by Paragraph (b) of this section.

(d) An applicant may request the division to waive in whole or in part the requirements of Paragraphs (b)(2) and (b)(3) of this section. The waiver may be granted only if the division finds in writing that the collection and analysis of such data is unnecessary because other information having equal value or effect is available to the division in a satisfactory form.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.23 Operation plan; maps and plans

Each application shall contain maps and plans as follows:

(a) The maps, plans and cross sections shall show the land proposed to be affected throughout the operation, the underground mining activities to be conducted, and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 4VAC25-130-783.24 and 4VAC25-130-783.25.

(b) The following shall be shown for the proposed permit area:

(1) Buildings, utility corridors and facilities to be used;

(2) The area of land to be affected within the proposed permit area, according to the sequence of mining and reclamation;

(3) Each area of land for which a performance bond or other equivalent guarantee will be posted under Subchapter VJ;

(4) Each coal storage, cleaning and loading area;

(5) Each topsoil, spoil, coal preparation waste, underground development waste, and noncoal waste storage area;

(6) Each water diversion, collection, conveyance, treatment, storage, and discharge facility to be used;

(7) Each source of waste and each waste disposal facility relating to coal processing or pollution control;

(8) Each facility to be used to protect and enhance fish and wildlife and related environmental values;

(9) Each explosive storage and handling facility;

(10) Location of each sedimentation pond, permanent water impoundment, coal processing waste bank, and coal processing waste dam and embankment, in accordance with 4VAC25-130-784.16 and disposal areas for underground development waste and excess spoil, in accordance with 4VAC25-130-784.19;

(11) Each profile, at cross sections specified by the division, of the anticipated final surface configuration to be achieved for the affected areas;

(12) Location of each water and subsidence monitoring point; and

(13) Location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of underground mining activities.

(c) Maps, plans, and cross sections required under paragraphs (b) (4), (5), (6), (10), and (11) of this section shall be prepared by, or under the direction of and certified by a qualified registered professional engineer, or certified professional geologist, with assistance from experts in related fields, such as land surveying and landscape architecture, except that—

(1) Maps, plans, and cross sections for sedimentation ponds may only be prepared by a qualified registered professional engineer and;

(2) Excess spoil and underground development waste facilities maps, plans, and cross sections may only be prepared by a qualified registered professional engineer.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-784.24 Road systems

(a) Plans and drawings. Each applicant for an underground coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 4VAC25-130-700.5, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall

(1) Include a map, appropriate cross sections, design drawings, and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches, low-water crossings, and drainage structures;

(4) Contain a description of measures to be taken to obtain approval of the division for alteration or relocation of a natural stream channel under 4VAC25-130-817.151(d)(5);

(6) Describe the plans to remove and reclaim each road that would not be retained under an approved postmining land use, and the schedule for this removal and reclamation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.24, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.25 Return of coal processing waste to abandoned underground workings

(a) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the division and the Mine Safety and Health Administration under 4VAC25-130-817.81(f).

(b) Each plan shall describe the source and quality of waste to be stowed, area to be backfilled, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill, and the anticipated occurrence of surface effects following backfilling.

(c) The applicant shall describe the source of the hydraulic transport mediums, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams, and the effect on the hydrologic regime.

(d) The plan shall describe each permanent monitoring well to be located in the backfilled area, the stratum underlying the mined coal, and gradient from the backfilled area.

(e) The requirements of Paragraphs (a), (b), (c), and (d) of this section shall also apply to pneumatic backfilling operations, except where the operations are exempted by the division from requirements specifying hydrologic monitoring.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.25, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.29 Diversions

Each application shall contain descriptions, including maps and cross-sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 4VAC25-130-817.43.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.29, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-784.30 Support facilities

Each applicant for an underground coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections, design drawings, and specifications sufficient to demonstrate compliance with 4VAC25-130-817.181 for each facility.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 784.30, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 785 Requirements for Permits for Special Categories of Mining

4VAC25-130-785.1 Scope

These requirements are in addition to the general permit requirements contained in this Subchapter VG. All of the provisions of Subchapter VG apply to these operations, unless otherwise specifically provided in this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.13 Experimental practices mining

(a) Experimental practices provide a variance from environmental protection performance standards of the Act, of Subchapter VK, and the regulatory program for experimental or research purposes, or to allow an alternative postmining land use, and may be undertaken if they are approved by the division and the Director of the OSM and if they are incorporated in a permit or permit revision issued in accordance with the requirements of Subchapter VG.

(b) An application for an experimental practice shall contain descriptions, maps, plans, and data which show--

(1) The nature of the experimental practice, including a description of the performance standards for which variances are requested, the duration of the experimental practice, and any special monitoring which will be conducted;

(2) How use of the experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential, or public use (including recreation facilities) on an experimental basis;

(3) That the experimental practice--

(i) Is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under Subchapter VK; and

(ii) Will not reduce the protection afforded public health and safety below that provided by the requirements of Subchapter VK; and

(4) That the applicant will conduct monitoring of the effects of the experimental practice. The monitoring program shall ensure the collection, analysis, and reporting of reliable data that are sufficient to enable the division and the Director of the OSM to--

(i) Evaluate the effectiveness of the experimental practice; and

(ii) Identify, at the earliest possible time, potential risk to the environment and public health and safety which may be caused by the experimental practice during and after mining.

(d) No application for an experimental practice under this section shall be approved until the division first finds in writing and the Director of the OSM then concurs that--

(1) The experimental practice encourages advances in mining and reclamation technology or allows a postmining land use for industrial, commercial, residential, or public use (including recreational facilities) on an experimental basis;

(2) The experimental practice is potentially more, or at least as, environmentally protective, during and after mining operations, as would otherwise be required by standards promulgated under Subchapter VK;

(3) The mining operations approved for a particular land-use or other purpose are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practice; and

(4) The experimental practice does not reduce the protection afforded public health and safety below that provided by standards promulgated under Subchapter VK.

(e) Experimental practices granting variances from the special environmental protection performance standards of Sections 515 and 516 of the Federal Act applicable to prime farmlands shall be approved only after consultation with the U.S. Department of Agriculture, Natural Resources Conservation Service.

(f) Each person undertaking an experimental practice shall conduct the periodic monitoring, recording and reporting program set forth in the application, and shall satisfy such additional requirements as the division or the Director of the OSM may impose to ensure protection of the public health and safety and the environment.

(g) Each experimental practice shall be reviewed by the division at a frequency set forth in the approved permit, but no less frequently than every 2 ½ years. After review, the division may require such reasonable modifications of the experimental practice as are necessary to ensure that the activities fully protect the environment and the public health and safety. Copies of the decision of the division shall be sent to the permittee and shall be subject to the provisions for administrative and judicial review of Part 775.

(h) Revisions or modifications to an experimental practice shall be processed in accordance with the requirements of 4VAC25-130-774.13 and approved by the division. Any revisions which propose significant alterations in the experimental practice shall, at a minimum, be subject to notice, hearing, and public participation requirements of 4VAC25-130-773.13 and concurrence by the Director of the OSM. Revisions that do not propose significant alterations in the experimental practice shall not require concurrence by the Director of the OSM.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.14 Mountaintop removal mining

(a) This section applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining.

(b) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running throughout the upper fraction of a mountain, ridge, or hill, except as provided for in 4VAC25-130-824.11(a)(6), by removing substantially all of the overburden off the bench and creating a level plateau or a gently rolling contour, with no highwalls remaining, and capable of supporting postmining land use in accordance with the requirements of this section.

(c) The division may issue a permit for mountaintop removal mining, without regard to the requirements of 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and 4VAC25-130-816.107 to restore the lands disturbed by such mining to their approximate original contour, if it first finds, in writing, on the basis of a complete application, that the following requirements are met:

(1) The proposed postmining land use of the lands to be affected will be an industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use and, if:

(i) After consultation with the appropriate land-use planning agencies, if any, the proposed land use is deemed by the division to constitute an equal or better economic or public use of the affected land compared with the premining use;

(ii) The applicant demonstrates compliance with the requirements for acceptable alternative postmining land uses of Paragraphs (a) through (c) of 4VAC25-130-816.133;

(iii) The applicant has presented specific plans for the proposed postmining land use and appropriate assurances that such use will be:

(A) Compatible with adjacent land uses;

(B) Obtainable according to data regarding expected need and market;

(D) Supported by commitments from public agencies where appropriate;

(E) Practicable with respect to private financial capability for completion of the proposed use;

(F) Planned pursuant to a schedule attached to the reclamation plan so as to integrate the mining operation and reclamation with the postmining land use; and

(G) Designed by a registered engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;

(iv) The proposed use would be compatible with adjacent land uses and existing State and local land use plans and programs; and

(v) The division has provided, in writing, an opportunity of not more than 60 days to review and comment on such proposed use to the governing body of general purpose government in whose jurisdiction the land is located and any State or Federal agency which the division in its discretion, determines to have an interest in the proposed use.

(2) The applicant demonstrates that in place of restoration of the land to be affected to the approximate original contour under 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and 4VAC25-130-816.107, the operation will be conducted in compliance with the requirements of Part 824.

(3) The requirements of Part 824 are made a specific condition of the permit.

(4) All other requirements of the Act, this chapter, and the regulatory program are met by the proposed operations.

(5) The permit is clearly identified as being for mountaintop removal mining.

(d)(1) Any permits incorporating a variance issued under this section shall be reviewed by the division to evaluate the progress and development of mining activities to establish that the permittee is proceeding in accordance with the terms of the variance:

(i) Within the thirtieth month from the date of its issuance;

(ii) Before each permit renewal; and

(iii) Not later than the middle of each permit term.

(2) Any review required under Paragraph (d)(1) of this section need not be held if the permittee has demonstrated and the division finds, in writing, within three months before the scheduled review, that all operations under the permit are proceeding and will continue to be conducted in accordance with the terms of the permit and requirements of the Act, this chapter, and the regulatory program.

(3) The terms and conditions of a permit for mountaintop removal mining may be modified at any time by the division, if it determines that more stringent measures are necessary to insure that the operation involved is conducted in compliance with the requirements of the Act, this chapter, and the regulatory program.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.15 Steep slope mining

(a) This section applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except:

(1) Where a permittee proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plain or predominantly flat area, but on which an occasional steep slope is encountered as the mining operation proceeds;

(2) Where a person obtains a permit under the provisions of 4VAC25-130-785.14, or

(3) To the extent that a person obtains a permit incorporating a variance under 4VAC25-130-785.16.

(b) Any application for a permit for surface coal mining and reclamation operations covered by this section shall contain sufficient information to establish that the operations will be conducted in accordance with the requirements of 4VAC25-130-816.107.

(c) No permit shall be issued for any operations covered by this section, unless the division finds, in writing, that in addition to meeting all other requirements of this Subchapter, the operation will be conducted in accordance with the requirements of 4VAC25-130-816.107.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.16 Permits incorporating variances from approximate original contour restoration requirements for steep slope mining

(a) The division may issue a permit for nonmountaintop removal, steep slope mining which includes a variance from the requirements of 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and 4VAC25-130-816.107 or 4VAC25-130-817.102 and 4VAC25-130-817.107 to restore the disturbed areas to their approximate original contour. The permit may contain such a variance only if the division finds, in writing, that the applicant has demonstrated, on the basis of a complete application, that the following requirements are met:

(1) After reclamation, the lands to be affected by the variance within the permit area will be suitable for an industrial, commercial, residential, or public postmining land use (including recreational facilities).

(2) The requirements of 4VAC25-130-816.133 or 4VAC25-130-817.133 will be met.

(3) The watershed of lands within the proposed permit and adjacent areas will be improved by the operations when compared with the condition of the watershed before mining or with its condition if the approximate original contour were to be restored. The watershed will be deemed improved only if--

(i) The amount of total suspended solids or other pollutants discharged to ground or surface water from the permit area will be reduced, so as to improve the public or private uses or the ecology of such water, or flood hazards within the watershed containing the permit area will be reduced by reduction of the peak flow discharge from precipitation events or thaws;

(ii) The total volume of flow from the proposed permit area, during every season of the year, will not vary in a way that adversely affects the ecology of any surface water or any existing or planned use of surface or ground water; and

(iii) The appropriate State environmental agencies approve the plan.

(4) The owner of the surface of the lands within the permit area has knowingly requested, in writing, as part of the application, that a variance be granted. The request shall be made separately from any surface owner consent given for the operations under 4VAC25-130-778.15 and shall show an understanding that the variance could not be granted without the surface owner's request.

(b) If a variance is granted under this section--

(1) The requirements of 4VAC25-130-816.133(d) or 4VAC25-130-817.133(d) shall be included as a specific condition of the permit; and

(2) The permit shall be specifically marked as containing a variance from approximate original contour.

(c) A permit incorporating a variance under this section shall be reviewed by the division at least every 30 months following the issuance of the permit to evaluate the progress and development of the surface coal mining and reclamation operations to establish that the permittee is proceeding in accordance with the terms of the variance.

(d) If the permittee demonstrates to the division that the operations have been, and continue to be, conducted in compliance with the terms and conditions of the permit, the requirements of the Act, this chapter, and the regulatory program, the review specified in Paragraph (c) of this section need not be held.

(e) The terms and conditions of a permit incorporating a variance under this section may be modified at any time by the division, if it determines that more stringent measures are necessary to ensure that the operations involved are conducted in compliance with the requirements of the Act, this chapter, and the regulatory program.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.17 Prime farmland

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. This section does not apply to:

(1) Lands on which surface coal mining and reclamation operations are conducted pursuant to any permit issued prior to August 3, 1977; or

(2) Lands on which surface coal mining and reclamation operations are conducted pursuant to any renewal or revision of a permit issued prior to August 3, 1977; or

(3) Lands included in any existing surface coal mining operations for which a permit was issued for all or any part thereof prior to August 3, 1977, provided that:

(i) Such lands are part of a single continuous surface coal mining operation begun under a permit issued before August 3, 1977; and

(ii) The permittee had a legal right to mine the lands prior to August 3, 1977, through ownership, contract, or lease but not including an option to buy, lease, or contract; and

(iii) The lands contain part of a continuous recoverable coal seam that was being mined in a single continuous mining pit (or multiple pits if the lands are proven to be part of a single continuous surface coal mining operation) begun under a permit issued prior to August 3, 1977.

(4) For purposes of this section:

(i) "Renewal" of a permit shall mean a decision by the division to extend the time by which the permittee may complete mining within the boundaries of the original permit, and "revision" of the permit shall mean a decision by the division to allow changes in the method of mining operations within the original permit area, or the decision of the division to allow incidental boundary changes to the original permit;

(ii) A pit shall be deemed to be a single continuous mining pit even if portions of the pit are crossed by a road, pipeline, railroad, or powerline or similar crossing;

(iii) A single continuous surface coal mining operation is presumed to consist only of a single continuous mining pit under a permit issued prior to August 3, 1977, but may include non-contiguous parcels if the permittee can prove by clear and convincing evidence that, prior to August 3, 1977, the noncontiguous parcels were part of a single permitted operation. For the purposes of this Paragraph, clear and convincing evidence includes, but is not limited to, contracts, leases, deeds or other properly executed legal documents (not including options) that specifically treat physically separate parcels as one surface coal mining operation.

(b) Application contents-reconnaissance inspection.

(1) All permit applications, whether or not prime farmland is present, shall include the results of a reconnaissance inspection of the proposed permit area to indicate whether prime farmland exists. The division in consultation with the U.S. Soil Conservation Service shall determine the nature and extent of the required reconnaissance inspection.

(2) If the reconnaissance inspection establishes that no land within the proposed permit area is prime farmland historically used for cropland, the applicant shall submit a statement that no prime farmland is present. The statement shall identify the basis upon which such a conclusion was reached.

(3) If the reconnaissance inspection indicates that land within the proposed permit area may be prime farmland historically used for cropland, the applicant shall determine if a soil survey exists for those lands and whether soil mapping units in the permit area have been designated as prime farmland. If no soil survey exists, the applicant shall have a soil survey made of the lands within the permit area which the reconnaissance inspection indicates could be prime farmland. Soil surveys of the detail used by the U.S. Natural Resources Conservation Service for operational conservation planning shall be used to identify and locate prime farmland soils.

(i) If the soil survey indicates that no prime farmland soils are present within the proposed permit area, Paragraph (b)(2) of this section shall apply.

(ii) If the soil survey indicates that prime farmland soils are present within the proposed permit area, Paragraph (c) of this section shall apply.

(c) Application contents-prime farmland. All permit applications for areas in which prime farmland has been identified within the proposed permit area shall include the following:

(1) A soil survey of the permit area according to the standards of the National Cooperative Soil Survey and in accordance with the procedures set forth in U.S. Department of Agriculture Handbooks 436 "Soil Taxonomy" (U.S. Soil Conservation Service, 1975) as amended on March 22, 1982 and October 5, 1982, and 18, "Soil Survey Manual" (U.S. Soil Conservation Service, 1951), as amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 9, 1981, June 29, 1981, November 16, 1982. The U.S. Natural Resources Conservation Service establishes the standards of the National Cooperative Soil Survey and maintains a National Soils Handbook which gives current acceptable procedures for conducting soil surveys. This National Soils Handbook is available for review at area and State NRCS offices.

(i) U.S. Department of Agriculture Handbooks 436 and 18 are incorporated by reference.

(ii) The soil survey shall include a description of soil mapping units and a representative soil profile as determined by the U.S. Natural Resources Conservation Service, including, but not limited to, soil-horizon depths, pH, and the range of soil densities for each prime farmland soil unit within the permit area. Other representative soil-profile descriptions from the locality, prepared according to the standards of the National Cooperative Soil Survey, may be used if their use is approved by the State Conservationist, U.S. Natural Resources Conservation Service. The division may request the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the applicant has the technological capability to restore the prime farmland within the permit area to the soil-reconstruction standards of Part 823.

(2) A plan for soil reconstruction, replacement, and stabilization for the purpose of establishing the technological capability of the permittee to comply with the requirements of Part 823.

(3) Scientific data, such as agricultural-school studies, for areas with comparable soils, climate, and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes, if any, will achieve, within a reasonable time, levels of yield equivalent to, or higher than, those of nonmined prime farmland in the surrounding area.

(4) The productivity prior to mining, including the average yield of food, fiber, forage, or wood products obtained under a high level of management.

(d) Consultation with the U.S. Secretary of Agriculture.

(1) The U.S. Secretary of Agriculture has responsibilities with respect to prime farmland soils and has assigned the prime farmland responsibilities arising under the Federal Act to the Chief of the U.S. Natural Resources Conservation Service. The U.S. Natural Resources Conservation Service shall carry out consultation and review through the State Conservationist located in each State.

(2) The State Conservationist shall provide to the division a list of prime farmland soils, their location, physical and chemical characteristics, crop yields, and associated data necessary to support adequate prime farmland soil descriptions.

(3) The State Conservationist shall assist the division in describing the nature and extent of the reconnaissance inspection required in Paragraph (b)(1) of this section.

(4) Before any permit is issued for areas that include prime farmland, the division shall consult with the State Conservationist. The State Conservationist shall provide for the review of, and comment on, the proposed method of soil reconstruction in the plan submitted under Paragraph (c) of this section. If the State Conservationist considers those methods to be inadequate, he shall suggest revisions to the division which result in more complete and adequate reconstruction.

(e) Issuance of permit. A permit for the mining and reclamation of prime farmland may be granted by the division if it first finds, in writing, upon the basis of a complete application, that:

(1) The approved proposed postmining land use of these prime farmlands will be cropland;

(2) The permit incorporates as specific conditions the contents of the plan submitted under Paragraph (c) of this section, after consideration of any revisions to that plan suggested by the State Conservationist under Paragraph (d)(4) of this section.

(3) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as non-mined prime farmland in the surrounding area under equivalent levels of management; and

(4) The proposed operations will be conducted in compliance with the requirements of Part 823 and other environmental protection performance and reclamation standards for mining and reclamation of prime farmland of the regulatory program.

(5) The aggregate total prime farmland acreage shall not be decreased from that which existed prior to mining. Water bodies, if any, to be constructed during mining and reclamation operations must be located within the post-reclamation non-prime farmland portions of the permit area. The creation of any such water bodies must be approved by the division and the consent of all affected property owners within the permit area must be obtained.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.18 Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining activities

(a) Scope. This section shall apply to any person or persons conducting or intending to conduct combined surface and underground mining activities where a variance is requested from the contemporaneous reclamation requirements of 4VAC25-130-816.100.

(b) Application contents for variances. Any person desiring a variance under this section shall file with the division complete applications for both the surface mining activities and underground mining activities which are to be combined. The reclamation and operation plans for these permits shall contain appropriate narratives, maps, and plans, which-

(1) Show why the proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the coal;

(2) Show how multiple future disturbances of surface lands or waters will be avoided;

(3) Identify the specific surface areas for which a variance is sought and the sections of the Act, this chapter, and the regulatory program from which a variance is being sought;

(4) Show how the activities will comply with 4VAC25-130-816.79 and other applicable requirements of the regulatory program;

(5) Show why the variance sought is necessary for the implementation of the proposed underground mining activities;

(6) Provide an assessment of the adverse environmental consequences and damages, if any, that will result if the reclamation of surface mining activities is delayed; and

(7) Show how offsite storage of spoil will be conducted to comply with the requirements of the Act, 4VAC25-130-816.71 through 4VAC25-130-816.75, and the regulatory program.

(c) Issuance of permit. A permit incorporating a variance under this section may be issued by the division if it first finds, in writing, upon the basis of a complete application filed in accordance with this section, that-

(1) The applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining activities;

(2) The proposed underground mining activities are necessary or desirable to assure maximum practical recovery of the mineral resource and will avoid multiple future disturbances of surface land or waters;

(3) The applicant has satisfactorily demonstrated that the applications for the surface mining activities and underground mining activities conform to the requirements of the regulatory program and that all other permits necessary for the underground mining activities have been issued by the appropriate authority;

(4) The surface area of surface mining activities proposed for the variance has been shown by the applicant to be necessary for implementing the proposed underground mining activities;

(5) No substantial adverse environmental damage, either onsite or offsite, will result from the delay in completion of reclamation otherwise required by Section 515(b)(16) of the Federal Act, Part 816, and the regulatory program;

(6) The operations will, insofar as a variance is authorized, be conducted in compliance with the requirements of 4VAC25-130-816.79 and the regulatory program;

(7) Provisions for offsite storage of spoil will comply with the requirements of Section 515(b)(22) of the Federal Act, 4VAC25-130-816.71 through 4VAC25-130-816.75, and the regulatory program;

(8) Liability under the performance bond required to be filed by the applicant with the division pursuant to Subchapter VJ will be for the duration of the underground mining activities and until all requirements of Subchapter VJ have been complied with; and

(9) The permit for the surface mining activities contains specific conditions--

(i) Delineating the particular surface areas for which a variance is authorized;

(ii) Identifying the applicable provisions of Section 515(b) of the Federal Act, Part 816, and the regulatory program; and

(iii) Providing a detailed schedule for compliance with the provisions of this section.

(d) Review of permits containing variances. Variances granted by permits issued under this section shall be reviewed by the division no later than three years from the dates of issuance of the permit and any permit renewals.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.19 Remining areas with pollution discharges

(a) Scope.

(1) This section specifies procedures and rules applicable to those who seek authorization to conduct surface coal mining activities on previously mined areas which have been previously affected by mining activities and where there exists continuing water pollution. Receipt of the authorization entitles a permittee to later request bond release for areas which continue to discharge pollutional material.

(2) All provisions of this Subchapter apply to authorizations to mine areas with preexisting pollutional discharges except as specifically modified by this section.

(b) Applicability. No authorization may be granted under this section unless the authorization is part of:

(i) A permit issued after the effective date of this section, or

(ii) A permit revision under 4VAC25-130-774.13, but only if the applicant affirmatively demonstrates to the satisfaction of the division that:

(i) The applicant has not caused or contributed to the pollutional discharges, and

(ii) The applicant has not disturbed the proposed pollution abatement area by surface mining activities.

(1) An applicant who requests authorization under this section shall, in addition to the general permit application requirements of this Subchapter:

(i) Delineate on a map the proposed pollution abatement area, including the location of the preexisting discharges.

(ii) Provide a description of the hydrologic balance for the proposed pollution abatement area that includes:

(A) Results of a detailed water quality and quantity monitoring program, including seasonal variations, variations in response to precipitation events, and baseline pollution loads using this monitoring program.

(B) Monitoring for pH, alkalinity, acidity, total iron, total manganese, sulfates, total suspended solids, and other water quality parameters the division deems relevant.

(iii) Provide a description of the abatement plan that represents best technology and includes:

(A) Plans, cross-sections, and schematic drawings describing the abatement plan proposed to be implemented.

(B) A description and explanation of the range of abatement level that probably can be achieved, costs, and each step in the proposed abatement plan.

(2) An applicant seeking this authorization shall continue the water quality and quantity monitoring program required by Subsection (c)(1) after making the authorization request. The applicant shall submit the results of the continuing monitoring program to the division monthly until a decision on the authorization request is made.

(d) Approval or denial.

(1) No authorization may be granted under this section unless the applicant affirmatively demonstrates to the satisfaction of the division on the basis of information set forth in the application that:

(i) The proposed abatement plan represents best technology.

(ii) The surface mining operation on the proposed pollution abatement area will not cause additional surface water pollution or ground water degradation.

(iii) The requirements of 4VAC25-130-773.15 and 4VAC25-130-773.16 that are not inconsistent with this section have been met.

(iv) The remining operation will result in the potential for improved water quality from the remining operation.

(2) An authorization may be denied under this section if granting the authorization will, or is likely to, affect a legal responsibility or liability under this chapter, for the proposed pollution abatement area or other areas or discharges in the vicinity of the proposed pollution abatement area.

(3) No authorization may be granted under this section unless there are one or more preexisting discharges from or on the pollution abatement area.

(4) The authorization allowed under this section is for the pollution abatement area only and does not apply to other areas of the permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.20 Augering

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations.

(b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, a description of the augering methods to be used and the measures to be used to comply with Part 819.

(c) No permit shall be issued for any operations covered by this section unless the division finds, in writing, that in addition to meeting all other applicable requirements of this Subchapter, the operation will be conducted in compliance with Part 819.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.21 Coal preparation plants not located within the permit area of a mine

(a) This section applies to any person who operates or intends to operate a coal preparation plant in connection with a coal mine but outside the permit area for a specific mine. Any person who operates such a preparation plant shall obtain a permit from the division in accordance with the requirements of this section.

(b) Any application for a permit for operations covered by this section shall contain an operation and reclamation plan which specifies plans, including descriptions, maps, and cross sections, of the construction, operation, maintenance, and removal of the preparation plant and support facilities operated incident thereto or resulting therefrom. The plan shall demonstrate that those operations will be conducted in compliance with Part 827.

(c) No permit shall be issued for any operation covered by this section, unless the division finds in writing that, in addition to meeting all other applicable requirements of this Subchapter, the operations will be conducted in compliance with the requirements of Part 827.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.22 In situ processing activities

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities.

(b) Any application for a permit for operations covered by this section shall be made according to all requirements of this Subchapter applicable to underground mining activities. In addition, the mining and reclamation operations plan for operations involving in situ processing activities shall contain information establishing how those operations will be conducted in compliance with the requirements of Part 828, including:

(1) Delineation of proposed holes and wells and production zone for approval of the division;

(2) Specifications of drill holes and casings proposed to be used;

(3) A plan for treatment, confinement, or disposal of all acid-forming, toxic-forming or radioactive gases, solids, or liquids constituting a fire, health, safety or environmental hazard caused by the mining and recovery process; and

(4) Plans for monitoring surface and ground water and air quality as required by the division.

(c) No permit shall be issued for operations covered by this section, unless the division first finds, in writing, upon the basis of a complete application made in accordance with Paragraph (b) of this section, that the operation will be conducted in compliance with all requirements of this Subchapter relating to underground mining activities, and Parts 817 and 828.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 785.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-785.25 Lands eligible for remining

(a) This section contains permitting requirements to implement 4VAC25-130-773.15(b)(4). Any person who submits a permit application to conduct a surface coal mining operation on lands eligible for remining must comply with this section.

(b) Any application for a permit under this section shall be made according to all requirements of this subchapter applicable to surface coal mining and reclamation operations. In addition, the application shall:

(1) To the extent not otherwise addressed in the permit application, identify potential environmental and safety problems related to prior mining activity at the site and that could be reasonably anticipated to occur. This identification shall be based on a due diligence investigation which shall include visual observations at the site, a record review of past mining at the site, and environmental sampling tailored to current site conditions.

(2) With regard to potential environmental and safety problems referred in to subdivision (b)(1) of this section, describe the mitigative measures that will be taken to ensure that the applicable reclamation requirements of this chapter can be met.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1751 February 2, 1998; amended, Virginia Register Volume 23, Issue 16, eff. May 16, 2007.

Part 789 Procedures Applicable to Administrative Hearing

4VAC25-130-789.1 Petition for award of costs and expenses under § 45.2-1025 of the Act

(a) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under the Act which results in--

(1) A final order being issued by a Hearing Officer, or

(2) A final order being issued by the Director or division.

(b) The petition for an award of costs and expenses including attorneys' fees must be filed with the Hearing Officer who issued the final order, or if the final order was issued by the Director or division, with the Director or division, within 30 days of receipt of such order. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.

(c) A petition, filed under this section, shall include the name of the person from whom costs and expenses are sought and the following shall be submitted in support of the petition--

(1) An affidavit setting forth in detail all costs and expenses including attorneys' fees reasonably incurred for, or in connection with, the person's participation in the proceeding;

(2) Receipts or other evidence of such costs and expenses; and

(3) Where attorneys' fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual or individuals performing the services. The person or agency to whom the petition is filed may consult with the division's legal counsel regarding claimed attorneys' fees.

(d) Any person served with a copy of the petition shall have 30 days from service of the petition within which to file an answer to such petition.

(e) Appropriate costs and expenses including attorneys' fees may be awarded--

(1) To any person from the permittee, if the person initiates any administrative proceedings reviewing enforcement actions, upon a finding that a violation of the Act, regulations or permit has occurred, or that an imminent hazard existed, or to any person who participates in an enforcement proceeding where such a finding is made if the Hearing Officer or Director or division determines that the person made a substantial contribution to the full and fair determination of the issues;

(2) To a permittee or permit applicant from any person where the permittee or permit applicant demonstrates that the person initiated an administrative proceeding under the Act or participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee or permit applicant.

(f) An award under these sections may include--

(1) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred as a result of initiation and/or participation in a proceeding under the Act; and

(2) All costs and expenses, including attorneys' fees and expert witness fees, reasonably incurred in seeking the award.

(g) Any person aggrieved by a decision concerning the award of costs and expenses in an administrative proceeding under the Act may appeal such award to the division within 30 days, unless the Director or division has made the initial decision concerning such an award. Awards by the Director or division are final for the purposes of judicial review.

(h) For the purposes of this section, "person" shall include the Commonwealth, its agents, officers, or employees, and "permit applicant" shall include applicants for permit revisions, renewals, and transfer, assignment or sale of permit rights.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 789.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-789.2 Intervention

(a) Any person may petition for leave to intervene at any stage of an administrative proceeding under the Act.

(b) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why his interest is or may be adversely affected.

(1) Had a statutory right to initiate the proceeding in which he wishes to intervene; or

(2) Has an interest which is or may be adversely affected by the outcome of the proceeding.

(d) If neither Paragraph (c)(1) nor (c)(2) of this section apply, the Hearing Officer shall consider the following in determining whether intervention is appropriate--

(1) The nature of the issues;

(2) The adequacy of representation of petitioner's interest which is provided by the existing parties to the proceeding;

(3) The ability of the petitioner to present relevant evidence and argument; and

(4) The effect of intervention on the division's implementation of its statutory mandate.

(e) Any person granted leave to intervene in a proceeding may participate in such proceeding as a full party or, if desired, in a capacity less than that of a full party. If an intervenor wishes to participate in a limited capacity, the extent and the terms of the participation shall be at the discretion of the Hearing Officer. Nothing herein shall be construed as requiring extension of the schedule of the proceeding as a result of intervention.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 789.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 790 Initiation of Citizen Suits

4VAC25-130-790.1 Purpose

Section 45.2-1022 of the Act authorizes the commencement of civil actions by persons having an interest which is or may be adversely affected, in order to compel compliance with provisions of the Act. The purpose of this Part is to prescribe procedures governing the giving of notices required by Subsections (B) and (C) of § 45.2-1022 as a prerequisite to the commencement of such actions.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 790.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-790.11 Service of notice

(a) Notice to the Director. Service of notice given to the Director of an alleged violation or of an alleged failure of the Director to perform any act or duty under the Act which is not discretionary with the Director shall be accomplished by registered or certified mail addressed to the Director, Department of Energy, 1100 Bank Street, 8th Floor, Richmond, Virginia 23219. A copy of such notice shall be mailed to the Director, Division of Mined Land Repurposing, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

(b) Notice to the Secretary of the Interior. Service of notice given to the Secretary of the Interior shall be accomplished by registered or certified mail addressed to the United States Secretary of the Interior, Office of the Secretary, Main Interior Building, Washington, D. C. 20240.

(c) Notice to alleged violator. Service of notice given to an alleged violator of the provisions of the Act or of any regulation in this chapter or of any permit or order issued pursuant thereto, shall be accomplished by registered or certified mail addressed to, or personal service upon, the permittee or managing agent of the coal surface mining operation alleged to be in violation. Where the alleged violator is a corporation, a copy of the notice will be sent by certified or registered mail to the registered agent of such corporation. Where the alleged violator is a government instrumentality or agency, the notice shall be sent by certified or registered mail to the head of such government instrumentality or agency.

(d) Notice served in accordance with the provisions of this Part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 790.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-790.12 Contents of notice

(a) Failure to act. Notice regarding a failure of the Director to perform an act or duty which is not discretionary shall contain the following:

(1) A description of the person's interest which is or may be adversely affected;

(2) The provisions of the Act which require such act or creates such duty;

(3) A specific description of the action taken or not taken by the Director which is claimed to constitute a failure to perform such act or duty; and

(4) The name and address of the person giving the notice.

(b) Violation of Act, rule, regulation, order or permit. Notices to the Director, the Secretary and alleged violators regarding an alleged violation of the Act, any regulation of this chapter, or of any permit or order issued pursuant thereto, shall contain sufficient information to enable the recipient to--

(1) Identify the specific provision of the Act, the regulation, order or permit condition which allegedly has been violated;

(2) The activity alleged to be in violation;

(3) The person or persons responsible for the alleged violation;

(4) The location of the alleged violation; and

(5) The date or dates of such violation.

(c) The notice shall also describe the interest, which is or may be adversely affected, and shall provide the name and address of the person alleging such a violation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 790.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 795 Small Operator Assistance Program

4VAC25-130-795.1 Scope and purpose

This Part comprises the Small Operator Assistance Program (SOAP) and establishes the procedures for providing assistance to eligible operators by the division. It is an elective means for the division to satisfy the requirements of § 45.2-1010 of the Act. The purpose of the program is to provide for eligible operators a determination of probable hydrologic consequences and a statement of results of test borings or core samplings which are required components of the permit application under Subchapter VG.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.9, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-795.6 Eligibility for assistance

(a) An applicant is eligible for assistance if the applicant—

(1) Intends to apply for a permit pursuant to the Act;

(2) Establishes that his probable total attributed annual production from all locations on which the operator is issued the surface coal mining permit will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant—

(i) The pro rata share, based upon percentage of ownership of applicant, of coal produced by operations in which the applicant owns more than a 10% interest;

(ii) The pro rata share, based upon percentage of ownership of applicant, of coal produced in other operations by persons who own more than 10% of the applicant's operation;

(iii) All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;

(iv) All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them;

(3) Is not restricted in any manner from receiving a permit under the Act; and

(4) Does not organize or reorganize his company solely for the purpose of obtaining assistance under the SOAP.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.6, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.7 Filing for assistance

Each application for assistance shall include the following information:

(a) A statement of applicant's intent to file a permit application.

(b) The names and addresses of—

(1) The permit applicant; and

(2) The operator if different from the applicant.

(c) A schedule of the estimated total production of coal from the proposed permit area and all other locations from which production is attributed to the applicant under 4VAC25-130-795.6. The schedule shall include for each location—

(1) The operator or company name under which coal is or will be mined;

(2) The DMLR permit number, division of Mines license number and Mine Safety and Health Administration (MSHA) number, if issued;

(3) The actual coal production during the year preceding the year for which the applicant applies for assistance and production that may be attributed to the applicant under 4VAC25-130-795.6; and

(4) The estimated coal production and any production which may be attributed to the applicant for each year of the proposed permit.

(d) A description of—

(1) The proposed mining method;

(2) The anticipated starting and termination dates of mining operations;

(3) The number of acres of land to be affected by the proposed mining operation; and

(4) A general statement on the probable depth and thickness of the coal resource including a statement of reserves in the permit area, or in the case of underground mines the affected area, and the method by which they were calculated.

(e) A U.S. Geological Survey topographic map at a scale of 1:24,000 or larger or other topographic map of equivalent detail for the assistance area which clearly shows—

(1) The area of land to be affected and the natural drainage watershed above and below the affected area;

(2) The location of any existing or proposed test borings; and

(3) The location and extent of known workings of any underground mines.

(f) Copies of documents which show that—

(1) The applicant has a legal right to enter and commence mining within the proposed permit area; and

(2) A legal right of entry has been obtained for the division and laboratory personnel to inspect the lands to be mined and adjacent areas to collect environmental data or to install necessary instruments.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.7, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.8 Application approval and notice

(a) If the division finds the applicant eligible, the division shall inform the applicant in writing that the application is approved.

(b) If the division finds the applicant ineligible, the division shall inform the applicant in writing that the application is denied and shall state the reasons for denial.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.8, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.9 Program services and data requirements

(a) To the extent possible with available funds, the division shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in paragraph (b) of this section for eligible applicants who request assistance.

(b) The division shall determine the data needed for each applicant or group of applicants. Data collected and the results provided to the division shall be sufficient to satisfy the requirements for:

(1) The determination of the probable hydrologic consequences of the surface mining and reclamation operations in the proposed permit area and adjacent areas, including the engineering analysis and the designs necessary for the determination in accordance with 4VAC25-130-780.21(f), 4VAC25-130-784.14 (e) and any other applicable provisions of this chapter;

(2) The drilling and statement of the results of test borings or core samplings for the proposed permit area in accordance with 4VAC25-130-780.22(b) and 4VAC25-130-784.22(b) and any other applicable provisions of this chapter;

(3) The development of cross-section maps and plans required by 4VAC25-130-779.25 and 4VAC25-130-783.25;

(4) The collection of archeological and historic information and related plans required by 4VAC25-130.779.12 (b), 4VAC25-130-783.12 (b), 4VAC25-130-780.31, 4VAC25-130-784.17, and any other archeological and historic information required by the division;

(5) Pre-blast surveys required by 4VAC25-130-780.13; and

(6) The collection of site specific resources information, the production of protection and enhancement plans for fish and wildlife habitats required by 4VAC25-130-780.16 and 4VAC25-130-784.21, and information and plans for any other environmental values required by the division under the Act.

(c) Data collection and analysis may proceed concurrently with the development of mining and reclamation plans by the applicant.

(d) Data collected under this program shall be made publicly available in accordance with 4VAC25-130-773.13(d). The division shall develop procedures for interstate coordination and exchange of data.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.9, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.10 Qualified laboratories

(a) Basic qualifications. To be designated a qualified laboratory under the Virginia Small Operator Assistance Program, a firm shall demonstrate that it—

(1) Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed;

(2) Has adequate space for material preparation and cleaning and sterilizing equipment and has stationary equipment, storage, and space to accommodate workloads during peak periods;

(3) Meets applicable federal or state safety and health requirements;

(4) Has analytical, monitoring and measuring equipment capable of meeting applicable standards;

(5) Has the capability of collecting necessary field samples and making hydrologic field measurements and analytical laboratory determinations by acceptable hydrologic, geologic, or analytical methods in accordance with the requirements of 4VAC25-130-780.21, 4VAC25-130-780.22, 4VAC25-130-784.14 and 4VAC25-130-784.22 and any other applicable provisions of this chapter (other appropriate methods or guidelines for data acquisition may be approved by the division); and

(6) Has the capability of performing services for either the determination or statement referenced in 4VAC25-130-795.9(b).

(b) Subcontractors. Subcontractors may be used to provide some of the required services provided their use is identified at the time a determination is made that a firm is qualified and they meet requirements specified by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.10, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.11 Assistance funding

(a) Use of funds. Funds specifically authorized for this program shall be used to provide the services specified in 4VAC25-130-795.9 and shall not be used to cover administrative expenses.

(b) Allocation of funds. The division shall establish a formula for allocating funds to provide services for eligible small operators if available funds are less than those required to provide the services pursuant to this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

4VAC25-130-795.12 Applicant liability

(a) The coal operator who has received assistance pursuant to 4VAC25-130-795.9 shall reimburse the division for the cost of the services rendered if:

(1) The applicant submits false information, fails to submit a permit application within one year from the date of receipt of the approved laboratory report, or fails to mine after obtaining a permit;

(2) The division finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or

(3) The mining rights granted under the permit are sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the 300,000-ton annual production limit during the 12 months immediately following the date on which the permit was originally issued. Under this paragraph the applicant and its successor are jointly and severally obligated to reimburse the division.

(b) The division may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 795.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 16, Issue 15, eff. May 10, 2000.

Part 800 Requirements for Bonding of Surface Coal Mining and Reclamation Operations

4VAC25-130-800.11 Requirement to file a bond

(a) After a permit application under Subchapter VG has been approved, but before the permit is issued, the applicant shall file with the division, on a form prescribed and furnished by the division, a bond or bonds for performance made payable to the division and conditioned upon the faithful performance of all the requirements of the Act, the permit, and the reclamation plan, in accordance with Parts 800 or 801.

(b)(1) The bond or bonds shall cover the entire permit area, or for operations bonded under Part 801, an identified increment of land within the permit area upon which the permittee will initiate and conduct surface coal mining and reclamation operations during the initial term of the permit.

(2) For operations bonded under Part 801-

(A) As surface coal mining and reclamation operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the division an additional bond or bonds to cover such increments in accordance with this section.

(B) The permittee shall identify the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under Parts 780 and 784), and shall specify the bond amount to be provided for each area or increment.

(C) Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the division become necessary pursuant to 4VAC25-130-800.50.

(c) A permittee shall not disturb any surface areas, succeeding increments, or extend any underground shafts, tunnels or operations prior to acceptance by the division of the required performance bond.

(d) The applicant shall file, for approval by the division, a bond or bonds under one of the following schemes for the permit area as determined in accordance with 4VAC25-130-800.14 or Part 801:

(1) The entire performance bond required by 4VAC25-130-801.13;

(2) A performance bond or bonds for the entire permit area;

(3) A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; or

(4) For operations bonded under Part 801, an incremental bond schedule and the performance bond required for the first increment in the schedule.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.12 Form of the performance bond

The division shall prescribe the form of the performance bond and may allow:

(a) A surety bond;

(b) A collateral bond;

(d) A combined surety/escrow account;

(e) A combination of any of the bonding methods listed in (a) through (d); or

(f) A self bond in accordance with 4VAC25-130-801.13.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.13 Period of liability

(a) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the permittee's period of extended responsibility for successful revegetation provided in 4VAC25-130-816.116 or 4VAC25-130-817.116 or until achievement of the reclamation requirements of the Act, and the permit, whichever is later.

(b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the division. Such areas shall be limited in extent and shall not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the division.

(c) If the division approves a long-term, intensive agricultural postmining land use, in accordance with 4VAC25-130-816.133 or 4VAC25-130-817.133, the 5 year period of liability shall commence at the date of initial planting for such long-term agricultural use.

(d)(1) The bond liability of the permittee shall include only those actions which he is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under 4VAC25-130-816.133 or 4VAC25-130-817.133.

(2) Implementation of an alternative postmining land use approved under 4VAC25-130-816.133(c) or 4VAC25-130-817.133(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in 4VAC25-130-800.40(c)(2).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.14 Determination of bond amount

(a) The amount of the bond required for each bonded area shall:

(1) Be determined by the division;

(2) Depend upon the requirements of the approved permit and reclamation plan;

(3) Reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology, hydrology, and revegetation potential; and

(4) Be based on, but not limited to, the estimated cost of reclamation submitted by the permit applicant.

(b) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the division in the event of forfeiture, and in no case shall the total bond initially posted for the entire area under one permit be less than $10,000.

(c) A permittee's financial responsibility under 4VAC25-130-817.121(c) for repairing material damage resulting from subsidence may be satisfied by the liability insurance policy required under 4VAC25-130-800.60.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.15 Adjustment of amount

(a) The amount of the bond or deposit required and the terms of the acceptance of the applicant's bond shall be adjusted by the division from time to time as the area requiring bond coverage is increased or decreased or where the cost of future reclamation changes. The division may specify periodic times or set a schedule for reevaluating and adjusting the bond amount to fulfill this requirement.

(b) The division shall:

(1) Notify the permittee, the surety, and any person with a property interest in collateral who has requested notification under 4VAC25-130-800.21(c) of any proposed adjustment to the bond amount; and

(2) Provide the permittee an opportunity for an informal conference on the adjustment.

(c) A permittee may request reduction of the amount of the performance bond upon submission of evidence to the division proving that the permittee's method of operation or other circumstances reduces the estimated cost for the division to reclaim the bonded area. Bond adjustments which involve undisturbed land or revision of the cost estimate of reclamation are not considered bond release subject to procedures of 4VAC25-130-800.40.

(d) In the event that an approved permit is revised in accordance with Subchapter VG, the division shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as revised.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.16 General terms and conditions of bond

(a) The performance bond shall be in an amount determined by the division as provided in 4VAC25-130-800.14 or Part 801.

(b) The performance bond shall be payable to the Commonwealth of Virginia, Director-Division of Mined Land Repurposing.

(c) The performance bond shall be conditioned upon faithful performance of all the requirements of the Act, this chapter, and the approved permit, including completion of the reclamation plan.

(d) The duration of the bond shall be for the time period provided in 4VAC25-130-800.13.

(e)(1) The bond shall provide a mechanism for a bank or surety company to give prompt notice to the division and the permittee of any action filed alleging the insolvency or bankruptcy of the surety company, the bank, or the permittee, or alleging any violations which would result in suspension or revocation of the surety or bank charter or license to do business.

(2) Upon the incapacity of a bank or surety company by reason of bankruptcy, insolvency, or suspension or revocation of a charter or license, the permittee shall be deemed to be without bond coverage and shall promptly notify the division. The division, upon notification received through procedures of Paragraph (e)(1) of this section or from the permittee, shall, in writing, notify the permittee who is without bond coverage and specify a reasonable period, not to exceed 90 days, to replace bond coverage. If an adequate bond is not posted by the end of the period allowed, the permittee shall cease coal extraction and shall comply with the provisions of 4VAC25-130-816.132 or 4VAC25-130-817.132 and shall immediately begin to conduct reclamation operations in accordance with the reclamation plan. Mining operations shall not resume until the division has determined that an acceptable bond has been posted.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.60, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-800.17 Bonding requirements for underground coal mines and long-term coal-related surface facilities and structures

(a) Responsibilities. The division shall require bond coverage, in an amount determined under 4VAC25-130-800.14 or Part 801, for long-term surface facilities and structures, and for areas disturbed by surface impacts incident to underground mines, for which a permit is required. Specific reclamation techniques required for underground mines and long-term facilities shall be considered in determining the amount of bond to complete the reclamation. Facilities for which bond is furnished in accordance with Part 801 are excluded from this section, except as provided in 4VAC25-130-801.12(e).

(b) Long-term period of liability.

(1) The period of liability for every bond covering long-term surface disturbances shall commence with the issuance of the permit, except that to the extent that such disturbances will occur on a succeeding increment to be bonded, such liability will commence upon the posting of the bond for that increment before the initial surface disturbance of that increment. The liability period shall extend until all reclamation, restoration, and abatement work under the permit has been completed and the bond is released under the provisions of 4VAC25-130-800.40, or until the bond has been replaced or extended in accordance with 4VAC25-130-800.17(b)(3).

(2) Long-term surface disturbances shall include long-term coal-related surface facilities and structures, and surface impacts incident to underground coal mining, which disturb an area for a period that exceeds five years. Long-term surface disturbances include, but are not limited to: surface features of shafts and slope facilities, coal refuse areas, powerlines, bore-holes, ventilation shafts, preparation plants, machine shops, roads, and loading and treatment facilities.

(3) To achieve continuous bond coverage for long-term surface disturbances, the bond shall be conditioned upon extension, replacement, or payment in full, 30 days prior to the expiration of the bond term.

(4) Continuous bond coverage shall apply throughout the period of extended responsibility for successful revegetation and until the provisions of 4VAC25-130-800.40 have been met.

(c) Bond forfeiture. The division shall take action to forfeit a bond pursuant to this section, if 30 days prior to bond expiration, the permittee has not filed: (1) a performance bond for a new term as required for continuous coverage, or (2) a performance bond providing coverage for the period of liability, including the period of extended responsibility for successful revegetation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.20 Surety bonds

(a) A surety bond shall be executed by the permittee and a corporate surety licensed to do business in the Commonwealth.

(b) Surety bonds shall be noncancellable during their terms, except that surety bond coverage for lands not disturbed may be cancelled with the prior consent of the division. The division shall advise the surety, within 30 days after receipt of a notice to cancel bond, whether the bond may be cancelled on an undisturbed area.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.21 Collateral bonds

(a) Collateral bonds, except for letters of credit, shall be subject to the following conditions: The division shall—

(1) Keep custody of collateral deposited by the applicant until authorized for release or replacement as provided in this Subchapter.

(2) Value collateral at its current market value, not at face value.

(3) Require that certificates of deposit be made payable to or assigned to the Commonwealth of Virginia, Director-Division of Mined Land Repurposing, both in writing and upon the records of the bank issuing the certificates. The division shall require the banks issuing these certificates to waive all rights of setoff or liens against those certificates and that such certificates be automatically renewable.

(4) Not accept an individual certificate of deposit in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(5) Require the applicant to deposit the certificates of deposit in a sufficient amount to assure that the division will be able to liquidate the certificates prior to maturity, upon forfeiture, for the amount of the bond required by this Subchapter.

(6) Require the applicant to designate, with the bond submitted, the person to whom—

(i) The collateral will be endorsed and returned upon release or replacement as provided in this Subchapter; and

(ii) Any interest or dividends paid on the collateral shall be paid.

(b) Cash accounts shall be subject to the following conditions:

(1) The division may authorize the permittee to supplement the bond through the establishment of a cash account in one or more federally- insured or equivalently protected accounts made payable upon demand to the division. The total bond including the cash account shall not be less than the amount required under terms of performance bonds including any adjustments, less amounts released in accordance with 4VAC25-130-800.40 or 4VAC25-130-801.18.

(2) Any interest paid on a cash account shall be paid to the permittee.

(3) Certificates of deposit may be substituted for a cash account with the approval of the division.

(4) The division shall not accept an individual cash account in an amount in excess of $100,000 or the maximum insurable amount as determined by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

(1) The letter may be issued only by a bank organized or authorized to do business in the United States and must conform to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce (Publication No. 500);

(2) Letters of credit shall be irrevocable during their terms. A letter of credit used as security in areas requiring continuous bond coverage shall be forfeited and shall be collected by the division if not replaced by other suitable bond or letter of credit at least 30 days before its expiration date; and

(3) The letter of credit shall be payable to the department at sight, in part or in full, upon receipt from the division of a notice of forfeiture issued in accordance with 4VAC25-130-800.50.

(d) Persons with an interest in collateral posted as a bond, and who desire notification of actions pursuant to the bond, shall request the notification in writing to the division at the time collateral is offered.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.60, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-800.23 Escrow bonding

(a) The division may authorize the permittee to supplement a bonding program through the establishment of an escrow account deposited in one or more federally insured accounts payable on demand only to the division or deposited with the division directly. Contributions to the account may be based on acres affected or tons of coal produced or any other rate approved by the division. In all cases, the total bond including any escrow amount, as determined by the division in the bonding schedule, shall not be less than the amount required under 4VAC25-130-800.14 or Part 801, including any adjustments, less amounts released under 4VAC25-130-800.40 or Part 801.

(b) Escrow funds deposited in federally insured accounts shall not exceed the maximum insured amount under applicable Federal insurance programs such as by FDIC or FSLIC.

(c) Interest paid on escrow accounts shall be retained in the escrow account and applied to the bond value of the escrow account unless the division has approved that the interest be paid to the permittee. In order to qualify for interest payment, the permittee shall request such action in writing during the permit application process under 4VAC25-130-800.11.

(d) Certificates of deposit may be substituted for escrow accounts upon approval of the division. Provisions of 4VAC25-130-800.21 shall apply to certificates of deposit as collateral bond.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.24 Combined surety/escrow bonding

(a) The division may accept a combined surety/escrow bonding schedule provided that:

(1) A surety bond payable to the division is posted in the amount determined under 4VAC25-130-800.14 or 4VAC25-130-801.12 for reclamation of each successive increment, and

(2) An interest-bearing escrow account payable to the division with a predetermined deposit amount and frequency is established.

(b) Conditions of the combined surety/escrow bonding method shall be as follows:

(1) Surety bond.

(i) The term of the surety bond shall be not less than two years.

(ii) The amount of the surety bond shall always be sufficient to cover the difference between the escrow balance and the total reclamation cost.

(iii) The surety bond may be reduced in amount, but the liability remaining shall depend on the escrow-deposit rate which shall be subject to provisions of 4VAC25-130-800.15 and 4VAC25-130-800.30.

(iv) The surety bond shall be noncancellable by the surety during the bond term.

(v) Surety bond coverage may be released by the division without applying the bond-release criteria of 4VAC25-130-800.40 at any time during the bond term, provided provisions of Paragraph (b)(2)(vi) of this section are met or are in accordance with the provisions of bond replacement under 4VAC25-130-800.30.

(vi) The surety bond is subject to the conditions of bond forfeiture of 4VAC25-130-800.50, including noncompliance with the escrow account provisions of Paragraph (b)(2) of this section.

(2) Escrow account.

(i) The terms and conditions of the escrow account shall be developed jointly by the permittee, surety, and the division. For the purposes of this section, the development of the escrow account shall be based on a production basis in an amount not less than that required to make the escrow account equal to or greater than the bond requirement within the term of the surety bond as agreed on jointly by the permittee, the surety, and the division. Deposits to the escrow account by the permittee shall be made monthly and so reported to the division. Failure to make deposits on schedule shall be just cause for action by the division.

(ii) A certified escrow account balance statement shall be provided quarterly to the surety and the division.

(iii) Provisions of the escrow account shall be in accordance with 4VAC25-130-800.23.

(iv) The deposit amount shall be adjusted to provide for changing reclamation costs in accordance with 4VAC25-130-800.15. However, when the escrow account equals or exceeds the total bonding amount, the monthly payment of the permittee shall continue, at the option of the division, in an amount necessary to provide for any foreseeable adjustments.

(v) The escrow account shall be subject to the bond forfeiture conditions of 4VAC25-130-800.50.

(vi) The escrow account balance shall equal the initial bond amount, plus any adjustments required by Paragraph (b)(2)(i), 120 days prior to surety bond termination, unless the total amount required has been previously reduced through the bond release procedures of 4VAC25-130-800.40.

(vii) Release of liability under the escrow account shall be subject to the provisions of 4VAC25-130-800.40.

(d) The surety/escrow combination may be repeated successively or amended during the term by replacing the escrow account with a surety bond, and reestablishing the escrow terms and deposit rate, subject to division approval.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.24, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.30 Replacement of bonds

(a) The division may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage.

(b) The division shall not release existing performance bonds until the permittee has submitted, and the division has approved, acceptable replacement performance bonds. Replacement of a performance bond pursuant to this section shall not constitute a release of bond under 4VAC25-130-800.40.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.30, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.40 Requirements to release performance bonds

(a) Bond release application.

(1) The permittee may file an application with the division for the release of all or part of a performance bond. Applications may be filed only at times or during seasons authorized by the division in order to properly evaluate the completed reclamation operations. The times or seasons appropriate for the evaluation of certain types of reclamation shall be identified in the mining and reclamation plan required in Subchapter VG.

(2) Within 30 days after an application for bond release has been filed with the division, the permittee shall submit proof of publication of the advertisement placed at least once a week for four successive weeks in a newspaper of general circulation in the locality of the surface coal mining operation. The advertisement shall be considered part of any bond release application and shall contain the applicant's name, the permit number, notification of the precise location of the land affected, the number of acres, the type and amount of the bond filed and the portion sought to be released, the type and appropriate dates of reclamation work performed, a description of the results achieved as they relate to the permittee's approved reclamation plan, and the name and address of the division to which written comments, objections, or requests for public hearings and informal conferences on the specific bond release may be submitted pursuant to 4VAC25-130-800.40(f) and (h). In addition, as part of any bond release application, the permittee shall submit copies of letters which he has sent to adjoining property owners, local governmental bodies, planning agencies, sewage and water treatment authorities, and water companies in the locality in which the surface coal mining and reclamation operation took place, notifying them of the intention to seek release from the bond.

(3) The permittee shall include in the application for bond release a notarized statement which certifies that all applicable reclamation activities have been accomplished in accordance with the requirements of the Act, the regulatory program, and the approved reclamation plan. Such certification shall be submitted for each application or phase of bond release.

(b) Inspection by the division.

(1) Upon receipt of the bond release application, the division shall, within 30 days, or as soon thereafter as weather conditions permit, conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other factors, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of future occurrence of such pollution, and the estimated cost of abating such pollution. The surface owner, agent, or lessee shall be given notice of such inspection and may participate with the division in making the bond release inspection. The division may arrange with the permittee to allow access to the permit area, upon request by any person with an interest in the bond release, for the purpose of gathering information relevant to the proceeding.

(2) Within 60 days from the filing of the bond release application, if no public hearing is held pursuant to paragraph (f) of this section, or, within 30 days after a public hearing has been held pursuant to paragraph (f) of this section, the division shall notify in writing the permittee, the surety or other persons with an interest in the bond collateral who have requested notification under 4VAC25-130-800.21(c), and the persons who either filed objections in writing or objectors who were a party to the hearing proceedings, if any, of its decision to release or not to release all or part of the performance bond.

(c) The division may release all or part of the bond for the entire permit area or a portion of the permit area if the division is satisfied that all reclamation or a phase of the reclamation covered by the bond or portion thereof has been accomplished in accordance with the following schedules for reclamation of Phases I, II and III:

(1) At the completion of Phase I, after the permittee completes the backfilling, regrading (which may include the replacement of topsoil) and drainage control of a bonded area in accordance with the approved reclamation plan, 60% of the bond or collateral for the applicable area.

(2) At the completion of Phase II, after revegetation has been established on the regraded mined lands in accordance with the approved reclamation plan, an additional amount of bond. When determining the amount of bond to be released after successful revegetation has been established, the division shall retain that amount of bond for the revegetated area which would be sufficient to cover the cost of reestablishing revegetation if completed by a third party and for the period specified for permittee responsibility in § 45.2-1016 of the Act for reestablishing revegetation. No part of the bond or deposit shall be released under this paragraph so long as the lands to which the release would be applicable are contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements set by § 45.2-1017 of the Act and by Subchapter VK or until soil productivity for prime farmlands has returned to the equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed pursuant to § 45.2-1013 of the Act and Part 823. Where a silt dam is to be retained as a permanent impoundment pursuant to Subchapter VK, the Phase II portion of the bond may be released under this paragraph so long as provisions for sound future maintenance by the permittee or the landowner have been made with the division.

(3) At the completion of Phase III, after the permittee has successfully completed all surface coal mining and reclamation activities, the release of the remaining portion of the bond, but not before the expiration of the period specified for permittee responsibility in 4VAC25-130-816.116 or 4VAC25-130-817.116. However, no bond shall be fully released under provisions of this section until reclamation requirements of the Act and the permit are fully met.

(d) If the division disapproves the application for release of the bond or portion thereof, the division shall notify the permittee, the surety, and any person with an interest in collateral as provided for in 4VAC25-130-800.21(c), in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure the release and allowing an opportunity for a public hearing.

(e) When any application for total or partial bond release is filed with the division, the division shall notify the town, city or other municipality nearest the operation and the county in which the surface coal mining operation is located by certified mail at least 30 days prior to the release of all or a portion of the bond.

(f) Any person with a valid legal interest which might be adversely affected by release of the bond, or the responsible officer or head of any federal, state, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation or which is authorized to develop and enforce environmental standards with respect to such operations, shall have the right to file written objections to the proposed release from bond with the division within 30 days after the last publication of the notice required by 4VAC25-130-800.40(a)(2). If written objections are filed and a hearing is requested, the division shall inform all the interested parties of the time and place of the hearing, and shall hold a public hearing within 30 days after receipt of the request for the hearing. The date, time and location of the public hearing shall be advertised by the division in a newspaper of general circulation in the locality for two consecutive weeks. The public hearing shall be held in the locality of the surface coal mining operation from which bond release is sought, at the location of the division office, or at the State Capital, at the option of the objector. The decision of the Hearing Officer shall be made within 30 days from the close of the hearing.

(g) For the purpose of the hearing under paragraph (f) of this section, the division shall have the authority to administer oaths, subpoena witnesses or written or printed material, compel the attendance of witnesses or the production of materials, and take evidence including, but not limited to, inspection of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity. A verbatim record of each public hearing shall be made, and a transcript shall be made available on the motion of any party or by order of the division.

(h) Without prejudice to the right of an objector or the applicant, the division may hold an informal conference as provided in § 45.2-1014 of the Act to resolve such written objections. The division shall make a record of the informal conference unless waived by all parties, which shall be accessible to all parties. The division shall also furnish all parties of the informal conference with a written finding of the division based on the informal conference, and the reasons for said finding.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.52, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-800.50 Forfeiture of bonds

(a) If the permittee refuses or is unable to conduct reclamation of an unabated violation, fails to comply with the terms of the permit, or defaults on the conditions under which the bond was accepted, the division shall take the following action to forfeit all or part of a bond or bonds for the permit area or a portion of the permit area:

(1) Send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if any, informing them of the determination to forfeit all or part of the bond, including the reasons for the forfeiture and the amount to be forfeited. The amount shall be based on the estimated total cost of achieving the reclamation plan requirements.

(2) Advise the permittee and surety, if applicable, of the conditions under which forfeiture may be avoided. Such conditions may include, but are not limited to--

(i) Agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule acceptable to the division, which meets the conditions of the permit, the reclamation plan, and demonstrates that such party has the ability to satisfy the conditions; or

(ii) The division may allow a surety to complete the reclamation plan if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the division may approve partial release authorized under 4VAC25-130-800.40, no surety liability shall be released until successful completion of all reclamation under the terms of the permit, including applicable liability periods of 4VAC25-130-800.13.

(b) In the event forfeiture of the bond is required by this section, the division shall:

(1) Proceed to collect the forfeited amount as provided by Virginia law for the collection of defaulted bonds or other debts if actions to avoid forfeiture have not been taken, or if rights of appeal, if any, have not been exercised within a time established by the division, or if such appeal, if taken, is unsuccessful.

(2) Use funds collected from bond forfeiture to complete the reclamation plan on the permit area.

(c) Upon default, the division may cause the forfeiture of any and all bonds deposited to complete reclamation for which the bonds were posted. Unless specifically limited, as provided in 4VAC25-130-800.11(b)(3), bond liability shall extend to the entire permit area under conditions of forfeiture.

(d)(1) In the event the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the permittee shall be liable for the remaining costs. The division may complete, or authorize completion of, reclamation of the bonded area and may recover from the permittee all costs of reclamation in excess of the amount forfeited.

(2) In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the division to the party from whom they were collected.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.50, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-800.51 Administrative review of performance bond forfeiture

(a) The permittee or surety, if applicable, may request, in writing, a hearing on the division's determination to forfeit the performance bond within 30 days of receipt of the written determination from the division.

(b) A request for hearing shall not operate as a stay of the bond forfeiture decision. Unless the division decides to withhold forfeiture as provided by 4VAC25-130-800.50 (a) (2), it shall take immediate steps to collect the necessary performance bond amounts so that it, or its contractor, may complete the reclamation plan and any other regulatory requirements in the most expeditious manner possible, pending administrative and/or judicial review.

(c)(1) The division shall commence the hearing within 30 days of the hearing request. The hearing shall be conducted in accordance with § 2.2-4020 of the Code of Virginia by a Hearings Officer appointed by the director.

(2) The burden of proof at such hearing shall be on the party seeking to reverse the decision of the division.

(3) For the purpose of such hearing, the hearings officer may administer oaths and affirmations, subpoena witnesses, written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence, including but not limited to site inspections of the land affected.

(4) The hearings officer shall cause an accurate verbatim record of the hearing to be made. The division may charge the reasonable cost of preparing such record to any party who requests a copy of the record.

(5) Ex parte contacts between representatives of the parties to the hearing and the hearings officer shall be prohibited.

(6) Within 30 days after the close of the record, the division shall issue and furnish the permittee, surety (if applicable) and each person who participated in the hearing with the written findings of fact, conclusion of law, and order of the hearings officer with respect to the appeal. The decision of the hearings officer shall be final as of the date of issuance, subject to the review and reconsideration by the director or his designee, provided in subsection (d) of this section.

(d) Within 14 days after the issuance of the hearings officer's decision under subdivision (c) (6) of this section, the permittee, surety (if applicable), or any person who participated in the hearing and has an interest which is or may be adversely affected by the decision, may appeal to the director or his designee for review of the record and reconsideration of the hearings officer's decision. The director or his designee may also on his own motion, with notice to the parties, review the record and reconsider the hearings officer's decision within the same time period. No further evidence will be allowed in connection with such review and reconsideration, but the director or his designee may hear further arguments and may, after considering the record, remand the case for further hearing if he considers such action necessary to develop the facts. Within 30 days of the appeal or motion for review and reconsideration, the director or his designee shall complete his review of the hearings officer's decision and issue a final decision.

(e) All requests for hearing, or appeals for review and reconsideration made under this section; and all notices of appeal for judicial review of a hearing officer's final decision, or the final decision on review and reconsideration shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.60, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-800.52 Bond forfeiture reinstatement procedures

(a) Any person who owns or controls or has owned or controlled any operation on which the bond has been forfeited or the permit revoked pursuant to this chapter or pursuant to Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia and who has not previously been reinstated by the director may petition the director for reinstatement. Reinstatement, if granted, shall be under such terms and conditions as set forth by the director or his designee. The director or his designee in determining the terms and conditions shall consider the particular facts and circumstances existing in each individual case. Reinstatement shall not be available to applicants for reinstatement where the division finds that the applicant controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations of the Act of such nature and duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, in accordance with 4VAC25-130-773.15(b)(3). As a minimum, the applicant for reinstatement shall satisfy the following requirements:

(1) Abatement of any outstanding violations existing on each site on which the bond has been forfeited or the permit revoked;

(2) Payment of any outstanding civil penalties (both state and federal), Reclamation fund taxes, and any outstanding fees, including Federal Abandoned Mine Land Reclamation taxes;

(3) Reclaim each site on which the bond was forfeited according to the applicable law, regulations and standards governing the site at the time of bond forfeiture;

(4) Payment to the director of any money expended by the Commonwealth in excess of the forfeited bond amount to accomplish the reclamation of the sites; and

(5) Pay to the director a reinstatement fee of $5,000 assessed by the director on each site forfeited. These fees shall be used by the director to accomplish reclamation on other forfeited or abandoned surface coal mining operations.

(b) Reinstatement by the director shall be a prerequisite to the filing by the person (applicant for reinstatement) of any new permit application or renewal under this chapter or Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia, but shall not affect the person's need to comply with all other requirements of said statutes, regulations or both promulgated thereunder.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.52, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-800.60 Terms and conditions for liability insurance

(a) The division shall require the applicant to submit prior to permit issuance a certificate issued by an insurance company licensed to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which the permit is sought. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons injured or property damaged as a result of the surface coal mining and reclamation operations, including the use of explosives, and who are entitled to compensation under the applicable provisions of Virginia law. Minimum insurance coverage under split limit for bodily injury and property damage shall be $300,000 for each occurrence and $500,000 aggregate. Minimum insurance coverage for bodily injury and property damage combined shall be $1,000,000 for each occurrence and $1,000,000 aggregate.

(b) The policy shall be maintained in full force during the life of the permit or any renewal thereof, including the liability period necessary to complete all reclamation operations under this chapter.

(c) The policy shall include a rider requiring that the insurer notify the division whenever substantive changes are made in the policy including any termination or failure to renew.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 800.60, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 801 Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding

4VAC25-130-801.2 Scope

The regulations of this Part establish the procedures and requirements for an alternative bonding system through which the division will implement and administer the Coal Surface Mining Reclamation Fund (Pool Bond Fund) as established under Article 5 ( § 45.2-1043 et seq.) of Chapter 10 of Title 45.2 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-801.4 Objective

The objective of this Part is to set forth the requirements and procedures that a participating applicant must comply with in order to be relieved of the bonding requirements of 4VAC25-130-800.14 and 4VAC25-130-800.17.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.11 Participation in the pool bond fund

(a) Participation in the Pool Bond Fund shall be at the option of any applicant for a permit under the Act and the regulations promulgated thereunder who can demonstrate to the division's satisfaction at least a consecutive three-year history of compliance under the Act or any other comparable State or Federal Act.

(b) All participants in the Pool Bond Fund shall:

(1) Pay all entrance fees to the Pool Bond Fund as required by 4VAC25-130-801.12(a); and

(2) Comply with the applicable parts of § 45.2-1016 of the Code of Virginia.

(c) Commencement of participation in the Pool Bond Fund shall constitute an irrevocable commitment by the permittee to participate therein as to the applicable permit and for the duration of the coal surface mining operations covered thereunder.

(d) All fees and taxes are nonrefundable.

(e) The division shall, as provided by § 45.2-1048 of the Code of Virginia, utilize those monies from the interest accrued to the fund which are required to properly administer the Pool Bond Fund. These monies shall be used to support one position for administration of the Pool Bond Fund; however, if it is apparent that such position is insufficient to ensure proper administration of the Pool Bond Fund, the division may upon proof of need, and upon concurrence with the Pool Bond Fund Advisory Board obtain additional assistance.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-801.12 Entrance fee and bond

(a) An applicant filing a permit application for coal surface mining operations and electing to participate in the Pool Bond Fund shall prior to permit issuance pay into the Pool Bond Fund an entrance fee for the applicable permit application. An entrance fee of $5,000 shall be required of all applicants who elect to participate in the Fund when the total balance of the Fund is determined to be less than $1,750,000. The entrance fee shall be reduced to $1,000 when the total Fund balance is greater than $2 million. A renewal fee of $1,000 shall be required of all permittees in the Fund at permit renewal. The fee shall be made payable to the Treasurer of Virginia and shall be in the form of cash, cashier's check, certified check, or personal check.

(b) An applicant electing to participate in the Pool Bond Fund shall, in accordance with section 45.1-241 of the Code of Virginia, furnish a bond as provided by 4VAC25-130-800.12, 4VAC25-130-800.14 and 4VAC25-130-800.16:

(1) For those underground mining operations participating in the Fund prior to July 1, 1991, in the amount of $1,000 per acre covered by the permit. In no event shall the total bond be less than $40,000, except that on permits which have completed all mining and for which completion reports have been approved prior to July 1, 1991, the total bond shall not be less than $10,000.

(2) For underground mining operations entering the Fund on or after July 1, 1991, and for additional acreage bonded on or after July 1, 1991, the amount of $3,000 per acre. In no event shall the total bond for such underground operations entering the Fund on or after July 1, 1991, be less than $40,000.

(3) For all other coal surface mining operations participating in the Fund prior to July 1, 1991, the amount of $1,500 per acre covered by each permit. In no event shall such total bond be less than $100,000, except that on permits which have completed all mining and for which completion reports have been approved prior to July 1, 1991, the total bond shall not be less than $25,000.

(4) For other coal mining operations entering the Fund on or after July 1, 1991, and for additional acreage bonded on or after July 1, 1991, the amount of $3,000 per acre. In no event shall the total bond for such operations entering the Fund on or after July 1, 1991, be less than $100,000.

(c) The Director may accept the bond of an applicant of an underground mining operation without separate surety, as provided by 4VAC25-130-801.13, upon a showing by such applicant of a net worth, total assets minus total liabilities (certified by an independent certified public accountant), equivalent to $1 million. Such net worth shall be, during the existence of the permit, certified annually by an independent certified public accountant and the certification submitted on the anniversary date of the permit.

(d) The Director may accept the bond of an applicant of a surface mining operation or associated facility without separate surety, upon a showing by the applicant of those conditions set forth in 4VAC25-130-801.13(b).

(e) The bond liability shall extend to cover subsidence and mine drainage in accordance with 4VAC25-130-800.14(c).

(f) The amount of the performance bond liability applicable to a permit shall be adjusted by the division as the acreage in the permit area is revised. The bond adjustments are not subject to the bond release procedures of 4VAC25-130-801.17.

(g) Any mining operation participating in the Fund that has been in temporary cessation for more than six months as of July 1, 1991, shall, within ninety days of that date, post bond equal to the total estimated cost of reclamation for all portions of the permitted site which are in temporary cessation. Any mining operation participating in the Fund that has been in temporary cessation six months or less as of July 1, 1991, shall, within 90 days after the date on which the operation has been in temporary cessation for more than six months, post bond equal to the total estimated cost of reclamation for all portions of the permitted site which are in temporary cessation. Any mining operation participating in the Fund that enters temporary cessation on or after July 1, 1991, shall, prior to the date on which the operation has been in temporary cessation for more than six months, post bond equal to the total estimated cost of reclamation for all portions of the permitted site which are in temporary cessation. The amount of bond required for each area bonded under this Subsection shall be determined by the division in accordance with 4VAC25-130-800.14. Such bond shall remain in effect throughout the remainder of the period during which the site is in temporary cessation. At such time as the site returns to active status, the bond posted under this Subsection may be released, provided the permittee has posted bond pursuant to Subsection (b) of this section.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.13 Self-bonding

(a) The division may accept a self-bond from the applicant of a proposed underground mining operation.

(1) The applicant shall designate the:

(i) Name and address of a suitable agent to receive service of process in the Commonwealth.

(ii) Name and address of the certified public accountant(s) who prepared the statement required by this section.

(iii) Location of the financial records used to prepare the C.P.A. statement required by this section.

(2) The applicant has a net worth, certified by an independent Certified Public Accountant in the form of an unqualified opinion appended to the financial statement submitted, of no less than $1 million after total liabilities are subtracted from total assets. If the applicant is a subsidiary corporation, the applicant's parent organization's net worth need only be certified by the independent Certified Public Accountant, if the applicant uses or includes any assets or liabilities of the parent organization in computing or arriving at the applicant's net worth. Where the division has a valid reason to believe that the permittee's net worth is less than required by this Subsection, it may require a new Certified Public Accountant's statement and certification.

(3)(i) A cognovit note must be executed by the applicant, and said agreement must also be executed by:

(A) If a corporation, two corporate officers who are authorized to sign the note by a resolution of the board of directors, a copy of which shall be provided;

(B) To the extent that the history or assets of a parent organization are relied upon to make the showings of this Part, the parent organization of which it is a subsidiary, whether first-tier, second-tier, or further removed, in the form of (A) above;

(C) If the applicant is a partnership, all of its general partners and their parent organization or principal investors; and

(D) If the applicant is a married individual, the applicant's spouse;

(ii) Any person who occupies more than one of the specified positions shall indicate each capacity in which he signs the note;

(iii) The cognovit note shall be a binding obligation, jointly and severally, on all who execute it;

(iv) For the purposes of this Paragraph, principal investor or parent organization means anyone with a 10 percent or more beneficial ownership interest, directly or indirectly, in the applicant.

(b) The division may accept a self-bond from the applicant of a proposed surface mining operation or associated facility. The applicant shall provide the:

(1) Name and address of a suitable agent to receive service of process in the Commonwealth.

(2) Evidence indicating a history of satisfactory continuous operation.

(3) Evidence substantiating the applicant's financial solvency, with the appropriate financial documentation required by Paragraph (a)(2) of this section.

(4) Indemnity agreement:

(i) Containing the date of execution;

(ii) Made payable to the "Treasurer of Virginia";

(iii) Immediately due and payable in the event of bond forfeiture of the permit;

(iv) Payable in a sum certain of money;

(v) Signed by the maker(s);

(vi) The indemnity agreement must be executed by the applicant and by:

(A) If a corporation, two corporate officers who are authorized to sign the agreement by a resolution of the Board of Directors, a copy of which shall be provided;

(C) If the applicant is a partnership, all of its general partners and their parent organization or principal investors; and

(D) If the applicant is a married individual, the applicant's spouse;

(vii) Any person who occupies more than one of the specified positions shall indicate each capacity in which he signs the indemnity agreement;

(viii) The indemnity agreement shall be a binding obligation, jointly and severally, on all who execute it;

(ix) For purposes of this Paragraph, principal investor or parent organization means anyone with a 10 percent or more beneficial ownership interest, directly or indirectly, in the applicant.

(c) Whenever a participant in the Pool Bond Fund applies for an additional permit or permits, the C.P.A. certification required by Paragraph (a)(2) or (b)(3) of this section shall be updated reflecting those prior reclamation obligations and self- bonding liabilities still in effect.

(d) If at any time the conditions upon which the self-bond was approved no longer prevail, the division shall require the posting of a surety or collateral bond before coal surface mining operations may continue. The permittee shall immediately notify the division of any change in his total liabilities or total assets which would jeopardize the support of the self-bond. If the permittee fails to have sufficient resources to support the self-bond, he shall be deemed to be without bond coverage in violation of 4VAC25-130-800.11(b).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.14 Reclamation tax

(a) If at the end of any calendar quarter the total balance of the Pool Bond Fund, including interest thereon, is less than $1,750,000, the tax shall be initiated. All permittees participating in the Pool Bond Fund shall pay within 30 days after the end of each taxable calendar quarter, an amount equal to:

(1) Four cents per clean ton of coal produced by the surface mining operation of the permit during the taxable calendar quarter.

(2) Three cents per clean ton of coal produced by the underground mining operation of the permit during the taxable calendar quarter.

(3) One and one-half cents per clean ton of coal processed or loaded by the preparation or loading facility operation of the permit during the taxable calendar quarter.

(b) If at the end of any calendar quarter the total balance of the Pool Bond Fund, including interest thereon, exceeds $2 million, payments shall be deferred until required by 4VAC25-130-801.14(a).

(c) No permittee shall pay the reclamation tax on more than five million tons of coal produced per calendar year, regardless of the number of permits held by that permittee, except as provided in Subsection (e) of this section.

(d) In no event except as provided in Subsection (e) of this section, shall the division require any permittee participating in the Pool Bond Fund:

(1) Holding more than one type of permit to pay a reclamation tax at a rate in excess of five and one-half cents per ton on coal originally surface mined by that permittee or in excess of four and one-half cents per ton on coal originally deep mined by that permittee; or

(2) Holding one permit upon which coal is both mined and processed or loaded to pay more than the tax applicable to the surface mining operation or underground mining operation. However, the permittee shall pay the one and one-half cents per clean ton for all coal processed and/or loaded at the permit which originated from other permits during the calendar quarter.

(e) Upon permit issuance for which bond is provided pursuant to this Part, the permittee shall pay the applicable reclamation tax required by Subsection (a) into the Pool Bond Fund on coal mined and removed under the permit during the one year period commencing with and running from the date of the commencement of coal production, processing or loading from that permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.15 Collection of the reclamation tax and penalties for non-payment

(a) The division shall notify, in writing, each permittee participating in the Pool Bond Fund, at the end of each calendar quarter, of those periods during which the reclamation taxes are applicable or deferred. The permittee shall on a quarterly basis file a notarized copy of the "Coal Surface Mining Reclamation Fund Tax Reporting Form" with the division: Attention Director. The permittee shall file the report by permit and applicable tonnage mined, processed, and/or loaded no later than the 15th day of the month after the end of each calendar quarter, even if no coal was mined, processed and/or loaded on the permit(s).

(b) Each permittee participating in the Fund shall submit to the division's Big Stone Gap Office full payment of the appropriate reclamation taxes required under 4VAC25-130-801.14(a) or (e) within 30 days after the end of the calendar quarter, when the taxes are applicable. Payment of the reclamation taxes shall be in cash, cashier's check, certified check or personal check made payable to the Treasurer of Virginia.

(c) Where the division has reason to suspect inaccurate reporting of the production of clean tons of coal, it may request to audit the relevant books and records of the permittee upon which the taxes paid under this Part are based. The request shall be in writing and sent to the permittee or his authorized representative by certified mail, return receipt requested. Failure to consent to the request for the audit shall be deemed a violation of this Part and subject to the enforcement procedures of Part 843. The audit shall be conducted at reasonable times during normal business hours and the permittee shall be given adequate advance notice of when the audit is to be conducted.

(d) If the permittee fails to make full payment of the reclamation taxes due under 4VAC25-130-801.14, the division shall issue a notice of violation in accordance with 4VAC25-130-843.12. The notice shall state that upon failure to make full payment within 15 calendar days thereafter, the division shall issue a cessation order to the permittee for failure to abate the notice of violation. If the cessation order is issued, the enforcement procedures of Part 843 shall apply.

(e) The division shall assess a civil penalty in accordance with Part 845, for the permittee's violation of the conditions set forth in this Part. Civil penalties imposed upon the permittee for violation of this section, shall be placed in the Pool Bond Fund.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.16 Reinstatement to the pool bond fund

(a) A permittee who has defaulted on any reclamation obligation and has thereby caused the Pool Bond Fund to incur reclamation expenses as a result thereof, shall not be eligible to participate in the Pool Bond Fund for any new permit or any permit renewal thereafter until full restitution for such default has been made to the Pool Bond Fund. The Director at his discretion and with the recommendation from the Coal Surface Mining Reclamation Pool Bond Fund Advisory Committee may require that the person seeking reinstatement pay interest at the composite rate determined by the Treasurer of Virginia compounded monthly.

(b) Compliance with Subsection (a) shall be a prerequisite to the filing by the permittee of any new permit application or renewal under the Act, but shall not affect the permittee's need to comply with all other requirements of the Act and the regulations promulgated thereunder in applying for a permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-801.17 Bond release application

The permittee participating in the Pool Bond Fund, or any person authorized to act upon his behalf, may file an application with the division for the Phase I, II or III release of the bond furnished in accordance with 4VAC25-130-801.12 (b) for the permit area or any applicable increment thereof. The bond release application, the procedural requirements and the released percentages shall be consistent with the release criteria of 4VAC25-130-800.40. However, in no event shall the total bond of the permit be less than the minimum amounts established pursuant to §§ 45.2-1016 and 45.2-1045 of the Virginia Coal Surface Mining Control and Reclamation Act prior to completion of Phase III reclamation of the entire permit area.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-801.18 Criteria for release of bond

(a) The division shall release bond furnished in accordance with §§ 45.2-1016 and 45.2-1043 of the Virginia Coal Surface Mining Control and Reclamation Act through the standards specified at 4VAC25-130-800.40 upon receipt of an application for Phase I, II or III release.

(b) The division shall terminate jurisdiction for the permit area, or any increment thereof upon approval of the Phase III bond release for that area.

(c) In the event a forfeiture occurs, the division may, after utilizing the available bond monies, utilize the Fund as necessary to complete reclamation liabilities for the permit area.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-801.19 Forfeiture

In the event of bond forfeiture pursuant to 4VAC25-130-800.50, the bond submitted in accordance with 4VAC25-130-801.12(b) shall:

(a) Be utilized by the division in performing the necessary reclamation work before any monies are utilized from the Pool Bond Fund; however,

(b) If an emergency, imminent danger or harm to the public or environment exists, the division may utilize the Pool Bond Fund for reclamation of those mining operations bonded pursuant to 4VAC25-130-801.12 (c) and (d) if the Director determines that collection will delay the essential and necessary reclamation work required. Bond amounts subsequently collected shall be deposited into the Pool Bond Fund, up to but not exceeding the full amount of liabilities which the Pool Bond Fund incurred.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 801.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 815 Permanent Program Performance Standards—Coal Exploration

4VAC25-130-815.1 Scope and purpose

This Part sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. If necessary to provide adequate environmental protection or comply with the standards of this chapter, coal exploration operations may be further required to comply with the applicable standards of Parts 816 through 828.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 815.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-815.2 Permitting information

Notwithstanding cross-references in other Parts which may be otherwise construed, Part 772 establishes the notice and permit information requirements for coal exploration.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 815.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-815.13 Required documents

Each person who conducts coal exploration shall, while in the exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit for review by the authorized representative of the division upon request.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 815.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-815.15 Performance standards for coal exploration

(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC § 1531 et seq.) shall not be disturbed during coal exploration. Such habitats shall include wetlands, riparian areas, cliffs supporting raptors, areas offering special shelter or protection, reproduction and nursery areas, and wintering areas.

(b) All roads or other transportation facilities used for coal exploration shall comply with the applicable provisions of 4VAC25-130-816.150(b) through (f), 4VAC25-130-816.180 and 4VAC25-130-816.181.

(1) Vehicular travel on other than established graded and surfaced roads shall be limited by the person who conducts coal exploration to that absolutely necessary to conduct the exploration. Travel shall be confined to graded and surfaced roads during periods when excessive damage to vegetation or rutting of the land surface could result.

(2) Any new road in the exploration area which is used less than 6 months shall comply with the provisions of 4VAC25-130-816.150. If the road will be frequently used longer than 6 months, it shall comply with the provisions of 4VAC25-130-816.151.

(3) Existing roads may be used for exploration in accordance with the following:

(i) All applicable Federal, State and local requirements shall be met.

(ii) If the road is significantly altered for exploration, including, but not limited to, change of grade, widening, or change of route, or if use of the road for exploration contributes additional suspended solids to streamflow or runoff, then Paragraph (i) of this section shall apply to all areas of the road which are altered or which result in such additional contributions.

(iii) If the road is significantly altered for exploration activities and will remain as a permanent road after exploration activities are completed, the person conducting exploration shall ensure that the requirements of 4VAC25-130-816.150 through 4VAC25-130-816.152, as appropriate, are met for the design, construction, alteration and maintenance of the road.

(4) Promptly after exploration activities are completed, existing roads used during exploration shall be reclaimed either--

(i) To a condition equal to or better than their pre-exploration condition; or

(ii) To a condition required for permanent roads under 4VAC25-130-816.150 through 4VAC25-130-816.152, as appropriate.

(c) If excavations, artificially flat areas, or embankments are created during exploration, these areas shall be returned to the approximate original contour promptly after such features are no longer needed for coal exploration.

(d) Topsoil shall be separately removed, stored, and redistributed on areas disturbed by coal exploration activities as necessary to assure successful revegetation or as required by the division.

(e) All areas disturbed by coal exploration activities shall be revegetated in a manner that encourages prompt revegetation and recovery of a diverse, effective, and permanent vegetative cover. Revegetation shall be accomplished in accordance with the following:

(1) All areas disturbed by coal exploration activities shall be seeded or planted to the same seasonal variety native to the areas disturbed. If the land use of the exploration area is intensive agriculture, planting of the crops normally grown will meet the requirements of this Paragraph.

(2) The vegetative cover shall be capable of stabilizing the soil surface from erosion.

(f) Diversions of overland flows and ephemeral, perennial, or intermittent streams shall be made in accordance with 4VAC25-130-816.43.

(g) Each exploration hole, borehole, well, or other exposed underground opening created during exploration shall be reclaimed in accordance with 4VAC25-130-816.13 through 4VAC25-130-816.15.

(h) All facilities and equipment shall be promptly removed from the exploration area when they are no longer needed for exploration, except for those facilities and equipment that the division determines may remain to--

(1) Provide additional environmental data;

(2) Reduce or control the onsite and offsite effects of the exploration activities; or

(3) Facilitate future surface mining and reclamation operations by the person conducting the exploration.

(i) Coal exploration shall be conducted in a manner which minimizes disturbance of the prevailing hydrologic balance in accordance with 4VAC25-130-816.41 through 4VAC25-130-816.49. The division may specify additional measures which shall be adopted by the person engaged in coal exploration.

(j) Acid- or toxic-forming materials shall be handled and disposed of in accordance with 4VAC25-130-816.41(b), 4VAC25-130-816.41(f), and 4VAC25-130-816.102(f). The division may specify additional measures which shall be adopted by the person engaged in coal exploration.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 815.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 816 Permanent Program Performance Standards—Surface Mining Activities

4VAC25-130-816.11 Signs and markers

(a) Specifications. Signs and markers required under this Part shall—

(1) Be posted, maintained, and removed by the person who conducts the surface mining activities;

(2) Be of a uniform design throughout the operation that can be easily seen and read;

(3) Be made of durable material;

(4) For permit boundary markers on areas that are located on steep slopes above private dwellings or other occupied buildings, be made of or marked with fluorescent or reflective paint or material; and

(5) Conform to local ordinances and codes.

(b) Maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain.

(1) Identification signs shall be displayed at each point of access to the permit area from public roads.

(2) Signs shall show the name, business address, and telephone number of the permittee and the identification number of the current permit authorizing surface coal mining activities.

(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.

(d) Perimeter markers. The perimeter of a permit area shall be clearly marked prior to the permit review conducted by the division's field enforcement personnel. The perimeter shall be clearly marked by flagging, stakes or signs. All markers shall be easily visible from adjacent markers. The approximate outer perimeter of the solid portion of any pre-existing bench shall be closely marked prior to permit review.

(e) Buffer zone markers. Buffer zones shall be marked along their boundaries, prior to permit review conducted by the division's field enforcement personnel. The boundaries shall be clearly marked by flagging, stakes or signs as required under 4VAC25-130-816.57. All markers of the buffer zone shall be easily visible from adjacent markers.

(f) Blasting signs. If blasting is conducted incident to surface mining activities, the person who conducts these activities shall:

(1) Conspicuously place signs reading "Blasting Area" along the edge of any blasting area that comes within 100 feet of any public road right of way, and at the point where any other road provides access to the blasting area; and

(2) At all entrances to the permit area from public roads or highways place conspicuous signs which state "Warning! Explosives In Use" which clearly list and describe the meaning of the audible blast warning and all clear signals that are in use, and which explain the marking of blasting areas and charged holes awaiting firing within the permit area.

(g) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under 4VAC25-130-816.22, the stockpiled material shall be clearly marked.

(h) Incremental bonding markers. When the permittee elects to increment the amount of performance bond during the term of the permit, he shall, if required by the division, identify the initial and successive incremental areas for bonding by clearly marking such areas (with markers different from the perimeter markers) prior to disturbing the incremental area(s).

History

Statutory Authority: §§ 45.1-161.3, 45.1-230 and 45.1-242 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

4VAC25-130-816.13 Casing and sealing of drilled holes; general requirements

Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the division, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish, and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the division. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of 4VAC25-130-816.41. This section does not apply to holes solely drilled and used for blasting.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.14 Casing and sealing of drilled holes; temporary

Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions in either or both the saturated and unsaturated zone shall be temporarily sealed before use and protected during use by barricades, or fences, or other protective devices, approved by the division. These devices shall be periodically inspected and maintained in good operating condition by the permittee.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.15 Casing and sealing of drilled holes; permanent

When no longer needed for monitoring or other use approved by the division upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under 4VAC25-130-816.41, each exploration hole, other drilled hole or borehole, well, and other exposed underground opening shall be capped, sealed, backfilled, or otherwise properly managed, as required by the division under 4VAC25-130-816.13 and consistent with 30 CFR 75.1711 and the standards for oil and gas wells of the Virginia Division of Gas and Oil, as appropriate. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.22 Topsoil and subsoil

(a) Removal.

(1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated.

(ii) Where the topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the division in accordance with Paragraph (b) of this section shall be removed as a separate layer from the area to be disturbed, and segregated.

(2) If topsoil is less than 6 inches thick, the permittee may remove the topsoil and the unconsolidated materials immediately below the topsoil and treat the mixture as topsoil.

(3) The division may choose not to require the removal of topsoil for minor disturbances which--

(i) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(ii) Will not destroy the existing vegetation and will not cause erosion.

(4) Timing. All material to be removed under this section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining, or other surface disturbance takes place.

(b) Substitutes and supplements.

(1) Selected overburden materials may be substituted for, or used as a supplement to topsoil if the permittee demonstrates to the division, in accordance with 4VAC25-130-780.18, that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation.

(2) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements of this section for topsoil.

(3) Selected overburden materials may be substituted for or used as a supplement to topsoil, if the slope of the land containing the topsoil is greater than 60 percent (3v:5h) and the selected overburden materials satisfy the following criteria:

(i) The results of the analyses of the overburden required in 4VAC25-130-780.18 demonstrates the feasibility of using the overburden materials.

(ii) The substitute material has a pH greater than 5.0, has a net acidity of less than five tons per 1,000 tons of material or a net alkalinity, and is suitable for sustaining vegetation consistent with the standards for vegetation in 4VAC25-130-816.111 through 4VAC25-130-816.116, and the approved postmining land use.

(1) Materials removed under Paragraph (a) of this section shall be segregated and stockpiled when it is impractical to redistribute such materials promptly on regraded areas.

(2) Stockpiled materials shall--

(i) Be selectively placed on a stable site within the permit area;

(ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;

(iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures approved by the division; and

(iv) Not be moved until required for redistribution unless approved by the division.

(3) When long-term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under Paragraph (a)(1) of this section would be detrimental to the quality or quantity of those materials, the division may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until the materials are needed for later reclamation, provided that--

(i) Such action will not permanently diminish the capability of the topsoil of the host site; and

(ii) The material will be retained in a condition more suitable for redistribution than if stockpiled.

(d) Redistribution.

(1) Topsoil materials and substitutes removed under Paragraph (a) and (b) of this section shall be redistributed in a manner that--

(i) Achieves an approximately uniform, stable thickness when consistent with the approved postmining land use, contours, and surface-water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(ii) Prevents excess compaction of the materials; and

(iii) Protects the materials from wind and water erosion before and after seeding and planting.

(2) Before redistribution of the material removed under Paragraph (a) of this section, the regraded land shall be treated if necessary to reduce potential slippage of the redistributed material and to promote root penetration. If no harm will be caused to the redistributed material and reestablished vegetation, such treatment may be conducted after such material is replaced.

(3) The division may choose not to require the redistribution of topsoil or topsoil substitutes on the approved postmining embankments of permanent impoundments or of roads if it determines that--

(i) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation; and

(ii) Such embankments will be otherwise stabilized.

(4) Nutrients and soil amendments shall be applied to the initially redistributed material when necessary to establish the vegetative cover. The types and amounts of nutrients and soil amendments shall be determined by soil tests performed by a qualified laboratory using standard methods which are approved by the division. If seeding is done without a site specific soil test--

(i) Fertilization rates of 300 pounds of 16-27-14 or 500 pounds of 10-20-10 or equivalents per acre shall be used.

(ii) Liming rates shall be in accordance with the following table:

| Mine Spoil pH | Tons of Lime Needed per Acre to Increase pH to: | | | | | | | --- | --- | --- | --- | --- | --- | --- | | 5.1 - 5.5 | 5.6 - 6.2 | | | | | | | Test | Sandstone | Shale | Mixed | Sandstone | Shale | Mixed | | 4.0 - 4.5 | 2 | 3 | 2 | 3 | 5 | 4 | | 4.6 - 5.0 | 1 | 3 | 2 | 2 | 4 | 3 | | 5.1 - 5.5 | 0 | 2 | 1 | 1 | 3 | 2 | | 5.6 - 6.0 | 0 | 1 | 0 | 0 | 2 | 1 |

(iii) Soil tests shall be performed promptly after topsoiling but before application of any supplementary nutrients and any additional lime and fertilizer applied as necessary.

(e) Subsoil segregation. The division may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of Paragraphs (c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of 4VAC25-130-816.111, 4VAC25-130-816.113, 4VAC25-130-816.114 and 4VAC25-130-816.116.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-816.41 Hydrologic-balance protection

(a) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacement of water rights, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this Part. The division may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(b) Ground-water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 4VAC25-130-780.21(h) and the following:

(1) Ground-water quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to ground-water systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the ground water.

(2) Ground-water quantity shall be protected by handling earth materials and runoff in a manner that will restore the approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the ground water system.

(1) Ground-water monitoring shall be conducted according to the ground-water monitoring plan approved under 4VAC25-130-780.21(i). The division may require additional monitoring when necessary.

(2) Representative monitoring.

(i) Representative monitoring points shall be established within 100 feet downgradient from the initial disturbance within each representative area. This distance may be modified by the division if it is demonstrated in the permit application that the 100 feet distance is inappropriate for the monitoring point.

(ii) If degradation, contamination or diminution of water quality or quantity are evident through monitoring, then additional monitoring and/or remedial action may be required by the division.

(3) Source monitoring.

(i). Source monitoring shall be used near isolated acid-producing or toxic-producing material. Monitoring shall be by piezometers or other equipment suitable for monitoring in the unsaturated zone. Piezometers or alternate equipment shall be installed in backfilled material during or within 45 days after final grading of the area. Installation in fill or temporary storage areas shall be as soon as practicable. Monitoring points shall be of sufficient number and locations so that adverse impacts can be readily detected.

(ii) Representative monitoring may be required by the division in addition to source monitoring when the operation may adversely impact usable ground waters.

(4) Well drilling, construction and completion.

(i) When wells are used, they shall be drilled either to the first water-producing zone or, if no water is encountered, to a depth of 100 feet below each coal seam to be mined. The division may require deeper drilling if site conditions indicate the potential for adverse impacts to a known water-producing zone which is at greater depth.

(ii) Monitoring wells shall be drilled an additional 20 feet into the water-producing zone to aid in pumping.

(iii) Monitoring wells shall:

(A) Accommodate a four inch (4") submersible pump for sample extraction and measurement of field parameters. Other diameters may be approved by the division if sample extraction is allowed.

(B) Be constructed in a manner which isolates the water-producing zone to be monitored and prevents the mixing of ground waters.

(D) Be capped, locked, and labeled with an identification number.

(E) Be properly developed and the final yield reported.

(F) Not be constructed or packed with materials which would adversely affect the monitoring results obtained.

(iv) Existing wells may be used for monitoring provided that:

(A) The well is located at a point where data representative of the permit or adjacent area will be obtained.

(B) The well penetrates the water-producing zone to be monitored.

(D) The well meets the standards of Paragraph (c)(4) above.

(E) Filtering systems and water softeners are not present which may alter the quality of the water sample. Filters or softeners may be disconnected or bypassed during sampling.

(5) Ground-water monitoring data shall be submitted within 30 days after the end of the calendar quarter to the division. More frequent reporting may be prescribed by the division. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any ground-water sample indicates noncompliance with the permit conditions, then the permittee shall promptly notify the division and immediately take the actions provided for in 4VAC25-130-773.17(e) and 4VAC25-130-780.21(h).

(6) Ground-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 4VAC25-130-774.13, the division may modify the monitoring requirements, including the parameters covered and the sampling frequency, if the permittee demonstrates, using the monitoring data obtained under this Paragraph, that--

(i) The operation has minimized disturbance to the hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; and the water rights of other users have been protected or replaced; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4VAC25-130-780.21(i).

(7) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of ground water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the permittee when no longer required by the division.

(d) Surface-water protection. In order to protect the hydrologic balance, surface mining activities shall be conducted according to the plan approved under 4VAC25-130-780.21(h), and the following:

(1) Surface-water quality shall be protected by handling earth materials, ground-water discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and 4VAC25-130-816.42, the permittee shall use and maintain the necessary water treatment facilities or water quality controls.

(2) Surface-water quality and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 4VAC25-130-780.21(h).

(e) Surface-water monitoring.

(1) Surface water monitoring shall be conducted according to the surface-water monitoring plan approved under 4VAC25-130-780.21(j). The division may require additional monitoring when necessary.

(2) Surface-water monitoring data shall be submitted every three months to the division or more frequently as prescribed by the division. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface-water sample indicates noncompliance with the permit conditions, the permittee shall promptly notify the division and immediately take the actions provided for in 4VAC25-130-773.17(e) and 4VAC25-130-780.21(h). Reporting shall be in accordance with the National Pollutant Discharge Elimination System (NPDES) permit requirements.

(3) Surface-water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with 4VAC25-130-774.13, the division may modify the monitoring requirements in accordance with the NPDES permit, including the parameters covered and sampling frequency, if the permittee demonstrates, using the monitoring data obtained under this Paragraph, that--

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4VAC25-130-780.21(j).

(4) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of surface water onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the permittee when no longer required by the division.

(f) Acid-and toxic-forming materials.

(1) Drainage from acid- and toxic-forming materials into surface water and ground water shall be avoided by--

(i) Identifying and burying and/or treating, when necessary, materials which may adversely affect water quality, or be detrimental to vegetation or to public health and safety if not buried and/or treated, and

(ii) Storing materials in a manner that will protect surface water and ground water by preventing erosion, the formation of polluted runoff, and the infiltration of polluted water. Storage shall be limited to the period until burial and/or treatment first become feasible, and so long as storage will not result in any risk of water pollution or other environmental damage.

(2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of this chapter.

(g) Transfer of wells. Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with 4VAC25-130-816.13 through 4VAC25-130-816.15. With the prior approval of the division, wells may be transferred to another party, or retained by the permittee for further use. At a minimum, the conditions of such transfer shall comply with State and local law and the permittee shall remain responsible for the proper management of the well until bond release in accordance with 4VAC25-130-816.13 through 4VAC25-130-816.15.

(h) Water rights and replacement. Any person who conducts surface mining activities shall replace the water supply of an owner of interest in real property who obtains all or part of his supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source, where the water supply has been adversely impacted by contamination, diminution, or interruption proximately resulting from the surface mining activities. Baseline hydrologic information required in 4VAC25-130-780.21 and 4VAC25-130-780.22 shall be used in the determination of the extent of the impact of mining upon ground water and surface water.

(i) Discharges into an underground mine.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the division after a demonstration that the discharge will--

(i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from surface mining activities;

(ii) Not result in a violation of applicable water quality standards or effluent limitations.

(iii) Be at a known rate and quality which shall meet the effluent limitations of 4VAC25-130-816.42 for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the division; and

(iv) Meet the approval of the Mine Safety and Health Administration.

(2) Discharges shall be limited to the following:

(i) Water;

(ii) Coal processing waste;

(iii) Fly ash from a coal-fired facility;

(iv) Sludge from an acid-mine drainage treatment facility;

(v) Flue-gas desulfurization sludge;

(vi) Inert materials used for stabilizing underground mines; and

(vii) Underground mine development wastes.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.41, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.42 Hydrologic balance; water quality standards and effluent limitations

Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws, standards and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.42, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.43 Diversions

(a) General requirements.

(1) With the approval of the division, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of 4VAC25-130-816.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the division under 4VAC25-130-816.41(i).

(2) The diversion and its appurtenant structures shall be designed, located, constructed, maintained, and used to--

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, State and Federal laws and regulations.

(3) Temporary diversions shall be removed promptly when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this Part. Before diversions are removed, downstream water-treatment facilities previously protected by the diversion shall be modified or removed, as necessary, to prevent overtopping or failure of the facilities. This requirement shall not relieve the permittee from maintaining water-treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(4) Diversions which convey water continuously or frequently shall be designed by a qualified registered professional engineer and constructed to ensure stability and compliance with the standards of this Part and any other criteria set by the division.

(5) Channel side slopes shall be no steeper than 1.5h:1v in soil.

(6) Adequate freeboard shall be provided to prevent overtopping. A minimum of 0.3 feet shall be included, with additional freeboard provided at curves, transitions, and other critical sections as required.

(7) When rock rip rap lining is used, consideration shall be given to rip rap size, bedding, and filter material. Rock used for rip rap shall be non-degradable, and non-acid forming such as natural sand and gravel,sandstone or limestone. No clay, shale, or coal shall be used.

(8) Sediment and other debris shall be removed and the diversion maintained to provide the design requirements throughout its operation.

(9) The division may specify other criteria for diversions to meet the requirements of this section.

(b) Diversion of perennial and intermittent streams.

(1) Diversion of perennial and intermittent streams within the permit area may be approved by the division after making the finding relating to stream buffer zones called for in 4VAC25-130-816.57 that the diversion will not adversely affect the water quantity and quality and related environmental resources of the stream.

(2) The design capacity of channels for temporary and permanent stream channel diversions shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

(3) The requirements of Paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for perennial and intermittent streams are designed so that the combination of channel, bank and flood-plain configuration is adequate to pass safely the peak runoff of a 10-year, 6-hour precipitation event for a temporary diversion and a 100-year, 6-hour precipitation event for a permanent diversion.

(4) The design and construction of all stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the standards of this Part and any other criteria set by the division.

(5) Channels which are constructed in backfilled material shall be formed during the backfilling and grading of the area. Unless the backfill material is of sufficiently low permeability, the channel shall be lined to prevent saturation of the backfill, loss of stream flow, or degradation of groundwater quality.

(6) Rock rip rap lining shall be placed in the channels of all diversions of perennial and intermittent streams to the normal flow depth, including adequate freeboard. Channels constructed in competent bedrock need not be rip rap lined.

(1) Miscellaneous flows, which consist of all flows except for perennial and intermittent streams, may be diverted away from disturbed areas if required or approved by the division. Miscellaneous flows shall include ground-water discharges and ephemeral streams.

(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in Paragraph (a) of this section.

(3) The requirements of Paragraph (a)(2)(ii) of this section shall be met when the temporary and permanent diversions for miscellaneous flows are designed to pass safely the peak runoff of a 2-year, 6-hour precipitation event for a temporary diversion and a 10-year, 6-hour precipitation event for a permanent diversion.

(d) Steep slope conveyances.

(1) A steep slope conveyance, including but not limited to a rock rip rap flume, concrete flume, or a pipe, shall be used to convey water down steep slopes to stable natural or constructed drainways. Steep slope conveyances shall be constructed at locations where concentrated flows may cause erosion.

(2) The capacity of the conveyance shall be equal to or greater than the capacity of the inlet ditch or drainage structure associated with it.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.43, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-816.45 Hydrologic balance; sediment control measures

(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the permit area,

(2) Meet the more stringent of applicable State or Federal effluent limitations,

(3) Minimize erosion to the extent possible.

(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed area shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to-

(1) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in 4VAC25-130-816.111(b);

(2) Stabilizing the backfill material to promote a reduction in the rate and volume of runoff, in accordance with the requirements of 4VAC25-130-816.102;

(3) Retaining sediment within disturbed areas;

(4) Diverting runoff away from disturbed areas;

(5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(6) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and

(7) Treating with chemicals.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.45, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.46 Hydrologic balance; siltation structures

(a) For the purposes of this section only, "disturbed area" shall not include those areas—

(1) In which the only surface mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with this Part; and

(2) For which the upstream area is not otherwise disturbed by the operator.

(b) General requirements.

(1) Additional contributions of sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(2) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (b)(5) or (e) of this section.

(3) Siltation structures for an area shall be constructed before beginning any surface mining activities in that area and, upon construction, shall be certified by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan.

(4) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with 4VAC25-130-816.49.

(5) Siltation structures shall be maintained until removal is authorized by the division and the disturbed area has been stabilized and revegetated. In no case shall the structure be removed sooner than two years after the last augmented seeding.

(6) When a siltation structure is removed, any embankment material and all accumulated sediment shall be placed in designated disposal areas, and the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and 4VAC25-130-816.111 through 4VAC25-130-816.116. Sedimentation ponds approved by the division for retention as permanent impoundments may be exempted from this requirement.

(1) When used, sedimentation ponds shall—

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless such location is approved by the division; and

(iii) Be designed, constructed, and maintained to—

(A) Provide adequate sediment storage volume and provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(B) Have a minimum volume of 0.125 acre-feet per acre of disturbed area draining to it, of which 0.075 acre-feet per acre disturbed shall be sediment storage volume and the remainder shall be detention storage volume;

(C) Treat the 10-year, 24-hour precipitation event ("design event") unless a lesser design event is approved by the division based on terrain, climate, other site-specific conditions and on a demonstration by the permittee that the effluent limitations of 4VAC25-130-816.42 will be met;

(D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraphs (c)(1)(iii)(A) and (B) of this section;

(E) Minimize, to the extent possible, short circuiting;

(F) Provide periodic sediment removal sufficient to maintain adequate volume for the design event. The elevation corresponding to the sediment storage volume shall be determined and a bench mark set in the field from which this elevation can readily be established. Sediment shall be removed when its accumulation reaches the cleanout level or more frequently if the operation of the structure is impaired. Sediment removed shall be placed only in disposal areas identified and approved in the reclamation plan;

(G) Ensure against excessive settlement;

(H) Be free of sod, large roots, frozen soil, and acid or toxic-forming coal-processing waste; and

(I) Be compacted properly.

(2) Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or a single spillway configured as specified in 4VAC25-130-816.49(a)(9).

(d) Other treatment facilities.

(1) Other treatment facilities shall be designed to treat the 10-year, 24-hour precipitation event unless a lesser design event is approved by the division based on terrain, climate, other site-specific conditions and a demonstration by the permittee that the effluent limitations of 4VAC25-130-816.42 will be met.

(2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (c) of this section.

(e) Exemptions. Exemptions to the requirements of this section may be granted if—

(1) The disturbed drainage area within the total disturbed area is small; and

(2) The permittee demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations under 4VAC25-130-816.42 and the applicable state and federal water quality standards for the receiving waters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.46, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.47 Hydrologic balance; discharge structures

Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.47, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.49 Impoundments

(a) General requirements. The requirements of this subsection apply to both temporary and permanent impoundments.

(1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," shall comply with the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this section. The technical release is hereby incorporated by reference. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. PB87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C., or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, D.C.

(2) An impoundment meeting the size or other criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and this section.

(3) Design certification. The design of impoundments shall be certified by a qualified registered professional engineer as designed to meet the requirements of this Part using current, prudent engineering practices, and any other criteria established by the division. The qualified registered professional engineer shall be experienced in the design and construction of impoundments.

(4) Stability.

(i) An impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(ii) Impoundments not included in paragraph (a)(4)(i) of this section, except for a coal mine waste impounding structure shall have a minimum static safety factor of 1.3 for a normal pool with steady state seepage saturation conditions. In lieu of engineering tests to establish compliance with the minimum static safety factor of 1.3, earth embankments whose top widths are no less than 10 feet and whose embankment slopes are 2h:1v or flatter may be used provided that the permittee documents that a minimum static safety factor of 1.3 can be met using the graphical solution methods outlined in the "Bureau of Mines Report of Investigations/1981, RI 8564, Factor of Safety Charts for Estimating the Stability of Saturated and Unsaturated Tailings Pond Embankments, United States Department of Interior."

(5) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. The minimum freeboard shall be one foot. Impoundments meeting the Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60.

(6) Foundation.

(i) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigations, as well as any necessary laboratory testing of foundation material shall be performed to determine the design requirements for foundation stability.

(ii) All vegetative and organic materials shall be removed and foundations excavated and prepared to resist failure. Cutoff trenches shall be installed if necessary to ensure stability and minimize seepage. The pool area shall be cleared of all brush and trees unless the requirement is waived by the division.

(iii) The most impervious material available shall be used in the cutoff trench and center portion of the dam. If sandy or gravelly material is encountered, it shall be placed in the outer shell, preferably in the downstream portion of the dam.

(7) Slope protection. Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(8) Vegetation. Faces of embankments and surrounding areas shall be vegetated, except that faces where water is impounded may be riprapped or otherwise stabilized in accordance with accepted design practices.

(9) Spillways. An impoundment shall include either a combination of principal and emergency spillways or a single spillway configured as specified in paragraph (a)(9)(i) of this section, designed and constructed to safely pass the applicable design precipitation event specified in paragraph (a)(9)(ii) of this section, except as set forth in paragraph (c)(2) of this section.

(i) (A) The division may approve a single open-channel spillway that is:

(1) Of nonerodible construction and designed to carry sustained flows; or

(2) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.

(B) Temporary ponds that do not meet the size or other criteria of 30 CFR 77.216(a) and located where failure would not be expected to cause loss of life or serious property damage, may use a single spillway of the pipe and riser design if the riser is no less than 15 inches in diameter, the barrel is no less than 12 inches in diameter, and a properly designed anti-vortex device and trash rack are securely installed on top of the riser.

(ii) Except as specified in paragraph (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of paragraph (a)(9) of this section is:

(A) For an impoundment meeting the SCS Class B or C criteria for dams in TR-60, the emergency spillway hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 or greater event as specified by the division.

(B) For an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a 100-year six-hour event, or greater event as specified by the division.

(C) For an impoundment included in paragraphs (a)(9(ii)(A) and (B) of this section, a 25-year six-hour event, or greater event as specified by the division.

(10) Inspections. A qualified registered professional engineer or other qualified professional specialist under the direction of a professional engineer, shall inspect each impoundment as provided in paragraph (a)(10)(i) of this section. The professional engineer or specialist shall be experienced in the construction of impoundments.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond.

(ii) The qualified registered professional engineer shall, within two weeks after each inspection required in paragraph (a)(10)(i) of this section, provide to the division a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. Construction certified in previous reports need not be recertified after each annual inspection. The report shall include discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(11) Examinations. Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Impoundments not meeting the Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216 shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for appearance of structural weakness and other hazardous conditions.

(12) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the permittee shall promptly inform the division of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the division shall be notified immediately. Notification shall be by the fastest available means and followed in writing. The division shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the division in the approved permit based upon the following demonstration:

(1) The size and configuration of such impoundment will be adequate for its intended purposes.

(2) The quality of impounded water will be suitable on a permanent basis for its intended use and, after reclamation, will meet applicable state and federal water quality standards, and discharges from the impoundment will meet applicable effluent limitations and will not degrade the quality of receiving water below applicable state and federal water quality standards.

(3) The water level will be sufficiently stable and be capable of supporting the intended use.

(4) Final grading will provide for adequate safety and access for proposed water users.

(5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

(6) The impoundment will be suitable for the approved postmining land use.

(1) The division may authorize the construction of temporary impoundments as part of a surface coal mining operation.

(2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the division may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered professional land surveyor in accordance with 4VAC25-130-780.25(a) that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent, engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:

(i) Impoundments meeting the SCS Class B or C criteria for dams in TR-60 or the size or other criteria of 30 CFR 77.216(a), shall be designed to control the precipitation of the probable maximum precipitation of a six-hour event, or greater event as specified by the division; or

(ii) Impoundments not included in paragraph (c)(2)(i) of this section shall be designed to control the precipitation of a 100-year six-hour event, or greater event as specified by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.49, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995; Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.56 Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

Before abandoning a permit area or seeking bond release, the permittee shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for permanent structures, have been maintained properly, and meet the requirements of the approved reclamation plan for permanent structures and impoundments. The permittee shall renovate such structures if necessary to meet the requirements of this chapter and to conform to the approved reclamation plan.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.56, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.57 Hydrologic balance; stream buffer zones

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the division specifically authorizes surface mining activities closer to, or through, such a stream. The division may authorize such activities only upon finding that-

(1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) If there will be a temporary or permanent stream-channel diversion, it will comply with 4VAC25-130-816.43.

(b) The area not to be disturbed shall be designated as a buffer zone, and the permittee shall mark it as specified in 4VAC25-130-816.11.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.57, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.59 Coal recovery

Surface mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best appropriate technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.59, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.61 Use of explosives; general requirements

(a) Compliance with other laws. Each permittee shall comply with all applicable State and Federal laws and regulations in the use of explosives.

(b) Blasting schedule. Blasts that use more than five pounds of explosive or blasting agent shall be conducted according to the schedule required under 4VAC25-130-816.64.

(1) All blasting operations in the State shall be conducted under the direction of a certified blaster certified in accordance with Part 850.

(2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations.

(3) A blaster and at least one other person shall be present at the firing of a blast.

(4) Persons responsible for blasting operations at a blasting site shall be familiar with the blasting plan and site-specific performance standards.

(d) Blast design.

(1) An anticipated blast design shall be submitted if blasting operations will be conducted within-

(i) 1,000 feet of any building used as a dwelling, public building, school, church, or community or institutional building outside the permit area; or

(ii) 500 feet of an active or abandoned underground mine.

(2) The blast design may be presented as part of a permit application or at a time, before the blast, proposed in the application and approved by the division.

(3) The blast design shall contain sketches of the drill patterns, delay periods, and decking and shall indicate the type and amount of explosives to be used, critical dimensions, and the location and general description of structures to be protected, as well as a discussion of design factors to be used, which protect the public and meet the applicable airblast, flyrock, and ground-vibration standards in 4VAC25-130-816.67.

(4) The blast design shall be prepared and signed by a certified blaster.

(5) The division may require changes to the design submitted.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.61, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.62 Use of explosives; preblasting survey

(a) At least 30 days before initiation of blasting, the permittee shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of the permit area how to request a preblasting survey.

(b) A resident or owner of a dwelling or structure within 1/2 mile of any part of the permit area may request a preblasting survey. This request shall be made, in writing, directly to the permittee or to the division, who shall promptly notify the permittee. The permittee shall promptly conduct a preblasting survey of the dwelling or structure and promptly prepare a written report of the survey. An updated survey of any additions, modifications, or renovations shall be performed by the permittee if requested by the resident or owner. The request for an updated survey shall be in writing and describe the additions, modifications, or renovations which are to be surveyed.

(c) The permittee shall determine the condition of the dwelling or structure and shall document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Structures such as pipelines, cables, transmission lines, and cisterns, wells, and other water systems warrant special attention; however, the assessment of these structures may be limited to surface conditions and other readily available data.

(d) The written report of the survey shall be signed by the person who conducted the survey. Copies of the report shall be promptly provided to the division and to the person requesting the survey. If the person requesting the survey disagrees with the contents and/or recommendations contained therein, he may submit to both the permittee and the division a detailed description of the specific areas of disagreement.

(e) Any surveys requested more than 10 days before the planned initiation of blasting shall be completed by the permittee before the initiation of blasting. Any surveys requested after permit approval but less than 10 days before the planned initiation of blasting shall be completed by the permittee within 30 days of the request, except that reasonable time extensions may be approved by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.62, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.64 Use of explosives; blasting schedule

(a) General requirements.

(1) The permittee shall conduct blasting operations at times approved by the division and announced in the blasting schedule. The division may limit the area covered, timing, and sequence of blasting as listed in the schedule, if such limitations are necessary and reasonable in order to protect the public health and safety or welfare.

(2) All blasting shall be conducted during daylight hours. The division may specify more restrictive time periods for blasting.

(3) Unscheduled blasts may be conducted only where public or permittee health and safety so require and for emergency blasting actions. When a permittee conducts an unscheduled blast, the permittee, using audible signals, shall notify residents within 1/2 mile of the blasting site and document the reason for the unscheduled blast in accordance with 4VAC25-130-816.68(p).

(4) Seismic monitoring shall be conducted when blasting operations on coal surface mining operations are conducted within 1,000 feet of a private dwelling or other occupied building.

(b) Blasting schedule publication and distribution.

(1) The permittee shall publish the blasting schedule in a newspaper of general circulation in the locality of the blasting site at least 10 days, but not more than 30 days, before beginning a blasting program.

(2) The permittee shall distribute copies of the schedule to local governments and public utilities and to each local residence within 1/2 mile of the proposed blasting site described in the schedule.

(3) The permittee shall republish and redistribute the schedule at least every 12 months and revise and republish the schedule at least 10 days, but not more than 30 days, before blasting whenever the area covered by the schedule changes or actual time periods for blasting significantly differ from the prior announcement.

(1) Name, address, and telephone number of the permittee;

(2) Identification of the specific areas in which blasting will take place;

(3) Dates and time periods when explosives are to be detonated;

(4) Methods to be used to control access to the blasting area; and

(5) Type and patterns of audible warning and all-clear signals to be used before and after blasting.

History

Statutory Authority: §§ 45.1-161.3, 45.1-230 and 45.1-242 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.64, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 22, Issue 24, eff. September 6, 2006.

4VAC25-130-816.66 Use of explosives; blasting signs, warnings, and access control

(a) Blasting signs. Blasting signs shall meet the specifications of 4VAC25-130-816.11.

(b) Warnings. Warning and all-clear signals of different character or pattern that are audible within a range of ½ mile from the point of the blast shall be given. Each person within the permit area and each person who resides or regularly works within ½ mile of the permit area shall be notified of the meaning of the signals in the blasting schedule.

(c) Access control. Access within the blasting area shall be controlled to prevent presence of livestock or unauthorized persons during blasting and until an authorized representative of the permittee has reasonably determined that-

(1) No unusual hazards, such as imminent slides or undetonated charges, exist; and

(2) Access to and travel within the blasting area can be safely resumed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.66, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.67 Use of explosives; control of adverse effects

(a) General requirements. Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the permit area.

(b) Airblast.

(1) Limits.

(i) Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in Paragraph (e) of this section.

| | Lower frequency limit of measuring system, in Hz (±3 dB) | Maximum level, in dB | | --- | --- | --- | | | 0.1 Hz or lower - flat response¹ | 134 peak | | | 2 Hz or lower - flat response | 133 peak | | | 6 Hz or lower - flat response | 129 peak | | | C-weighted-slow response¹ | 105 peak dBC | | | ¹Only when approved by the division | |

(ii) If necessary to prevent damage, the division shall specify lower maximum allowable airblast levels than those of Paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation.

(2) Monitoring.

(i) The permittee shall conduct periodic monitoring to ensure compliance with the airblast standards. The division may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.

(ii) The measuring systems shall have an upper-end flat-frequency response of at least 200 Hz.

(1) More than one-half the distance to the nearest dwelling or other occupied structure;

(2) Beyond the area of control required under 4VAC25-130-816.66(c); or

(3) Beyond the permit boundary.

(d) Ground vibration.

(1) General. In all blasting operations, except as otherwise authorized in Paragraph (e) of this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under 4VAC25-130-780.13. The maximum ground vibration for protected structures listed in Paragraph (d)(2)(i) of this section shall be established in accordance with either the maximum peak-particle-velocity limits of Paragraph (d)(2), the scaled distance equation of Paragraph (d)(3), the blasting-level chart of Paragraph (d)(4), or by the division under Paragraph (d)(5) of this section. All structures in the vicinity of the blasting area, not listed in Paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee in the blasting plan and approved by the division.

(2) Maximum peak particle velocity.

(i) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:

| | Distance (D), from the blasting site, in feet | Maximum allowable peak particle velocity (Vmax) for ground vibration, in inches/second¹ | Scaled distance factor to be applied without seismic monitoring²(Ds) | | --- | --- | --- | --- | | | 0 to 300 | 1.25 | 50 | | | 301 to 5,000 | 1.00 | 55 | | | 5,001 and beyond | 0.75 | 65 | | | ¹Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements. | | | | | ²Applicable to the scaled-distance equation of Paragraph (d)(3)(i) of this section | | |

(ii) A seismographic record shall be provided for each blast.

(3) Scale-distance equation.

(i) The permittee may use the scaled distance equation, W=(D/Ds)², to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where W=the maximum weight of explosives, in pounds; D=the distance, in feet, from the blasting site to the nearest protected structure; and Ds=the scaled-distance factor, which may initially be approved by the division using the values for scaled-distance factor listed in Paragraph (d)(2)(i) of this section.

(ii) The development of a modified scaled-distance factor may be authorized by the division on receipt of a written request by the permittee, supported by seismographic records of blasting at the minesite. The modified scaled-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of Paragraph (d)(2)(i) of this section, at a 95-percent confidence level.

(4) Blasting-level chart.

(i) The permittee may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration.

(ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the division before application of this alternative blasting criterion.

(5) The maximum allowable ground vibration shall be reduced by the division below the limits otherwise provided by this section, if determined necessary to provide damage protection.

(6) The division may require the permittee to conduct seismic monitoring of any or all blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(e) The maximum airblast and ground-vibration standards of Paragraphs (b) and (d) of this section shall not apply at the following locations:

(1) At structures owned by the permittee and not leased to another person.

(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the division before blasting.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.67, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.68 Use of explosives; records of blasting operations

The permittee shall retain a record of all blasts for at least three years. Upon request, copies of these records shall be made available to the division and to the public for inspection. Such records shall contain the following data:

(a) Name of the permittee conducting the blast.

(b) Location, date, and time of the blast.

(d) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in 4VAC25-130-816.67(e).

(e) Weather conditions, including those which may cause possible adverse blasting effects.

(f) Type of material blasted.

(g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.

(h) Diameter and depth of holes.

(i) Types of explosives used.

(j) Total weight of explosives used per hole.

(k) The maximum weight of explosives detonated in an 8-millisecond period.

(l) Initiation system.

(m) Type and length of stemming.

(n) Mats or other protections used.

(o) Seismographic and airblast records, if required, which shall include-

(1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;

(2) Exact location of instrument and the date, time, and distance from the blast;

(3) Name of the person and firm taking the reading;

(4) Name of the person and firm analyzing the seismographic record; and

(5) The vibration and/or airblast level recorded.

(p) Reasons and conditions for each unscheduled blast.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.68, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.71 Disposal of excess spoil; general requirements

(a) General. Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to-

(1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

(2) Ensure mass stability and prevent mass movement during and after construction; and

(3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.

(b) Design certification.

(1) The fill and appurtenant structures shall be designed using current, prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. A qualified registered professional engineer experienced in the design of earth and rock fills shall certify the design of the fill and appurtenant structures.

(2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

(c) Location. The disposal area shall be located on the most moderately sloping and naturally stable areas available, as approved by the division, and shall be placed, where possible, upon or above a natural terrace, bench, or berm, if such placement provides additional stability and prevents mass movement.

(d) Foundation.

(1) Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the fill and appurtenant structures.

(2) Where the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be designated by the division based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 4VAC25-130-780.35(c) to determine the size of rock toe buttresses and keyway cuts.

(e) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of the excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4VAC25-130-816.22. If approved by the division, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(2) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding four feet in thickness; concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with 4VAC25-130-816.22. The division may approve a design which incorporates placement of excess spoil in horizontal lifts greater than four feet in thickness when it is demonstrated by the permittee and certified by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(3) The final configuration of the fill shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the fill if required for stability, control of erosion, to conserve soil moisture, or to facilitate the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent). Terraces, if constructed, shall be no less than 20 feet in width and the vertical distance between terraces shall not exceed 50 feet. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the drainage control system.

(4) No permanent impoundments are allowed on the completed fill. Small depressions may be allowed by the division if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation; and if they are not incompatible with the stability of the fill.

(5) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with 4VAC25-130-816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.

(f) Drainage control.

(1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(2) Diversions shall comply with the requirements of 4VAC25-130-816.43.

(3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid-, nontoxic-forming rock (e.g., natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.

(g) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(h) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer and specialist shall be experienced in the construction of earth and rock fills.

(2) The qualified registered professional engineer shall provide a certified report to the division within two weeks after each inspection that the fill has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

(3)(i) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with excess spoil. If the underdrain system is constructed in phases, each phase shall be certified separately.

(ii) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with 4VAC25-130-816.73, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(iii) The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

(4) A copy of each inspection report shall be retained at or near the mine site.

(i) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the division and, if such waste is-

(1) Placed in accordance with 4VAC25-130-816.83;

(2) Nontoxic and nonacid forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(j) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4VAC25-130-784.25.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.71, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.72 Disposal of excess spoil; valley fills/head-of-hollow fills

Valley fills and head-of-hollow fills shall meet the requirements of 4VAC25-130-816.71 and the additional requirements of this section.

(a) Drainage control.

(1) The top surface of the completed fill shall be graded such that the final slope after settlement will be toward properly designed drainage channels. Uncontrolled surface drainage may not be directed over the outslope of the fill. The maximum slope of the top of the fill shall be 20h:1v (5.0%).

(2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-816.43 and, in addition, to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction provided that erosion is minimized and no threat to the public or the environment results.

(3)(i) A subdrainage system, constructed in accordance with 4VAC25-130-816.71(f)(3), shall be installed along the natural drainage system, extending from the toe to the head of the fill. The division may approve a lesser distance provided the standards of 4VAC25-130-816.71(f)(3) are met. A system of lateral underdrains shall connect this core to each area of potential drainage or seepage in the disposal area.

(ii) A filter system to ensure the proper long-term functioning of the subdrainage system shall be designed and constructed using current, prudent engineering practices.

(iii) The minimum size of the main underdrain shall be:

| | Total Amount of Fill Material | Predominant Type of Fill | Minimum Size of Drain, in Feet | | | | --- | --- | --- | --- | --- | --- | | Width | Height | | | | | | | Less than 1,000,000 Cubic Yards | Sandstone | 10 | 4 | | | | | Do: | Shale | 16 | 8 | | | More than 1,000,000 Cubic Yards | Sandstone | 16 | 8 | | | | | Do: | Shale | 16 | 16 |

(iv) No more than 10 percent of the rock used in the underdrains may be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain.

(v) Alternatives to the minimum sizes may be approved by the division provided the alternative is shown to convey, using accepted engineering analyses, the maximum anticipated discharge, including an appropriate factor of safety.

(b) Rock-core chimney drains. A rock-core chimney drain may be used in a head-of-hollow fill, instead of the underdrain and surface diversion system normally required, as long as the fill is not located in an area containing intermittent or perennial streams. A rock-core chimney drain may be used in a valley fill if the fill does not exceed 250,000 cubic yards of material and upstream drainage is diverted around the fill. The alternative rock-core chimney drain system shall be incorporated into the design and construction of the fill as follows:

(1) The fill shall have, along the vertical projection of the main buried stream channel or rill, a vertical core of durable rock at least 16 feet thick which shall extend from the toe of the fill to the head of the fill, and from the base of the fill to the surface of the fill. A system of lateral rock underdrains shall connect this rock core to each area of potential drainage or seepage in the disposal area. The underdrain system and rock core shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area. Rocks used in the rock core and underdrains shall meet the requirements of 4VAC25-130-816.71(f).

(2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

(3) Grading may drain surface water away from the outslope of the fill and toward the rock core. In no case, however, may intermittent or perennial streams be diverted into the rock core. The maximum slope of the top of the fill shall be 33h:1v (3.0%). A drainage pocket may be maintained at the head of the fill during and after construction, to intercept surface runoff and discharge the runoff through or over the rock drain, if stability of the fill is not impaired. In no case shall this pocket or sump have a potential capacity for impounding more than 10,000 cubic feet of water. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the rock core.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.72, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.73 Disposal of excess spoil; durable rock fills

The division may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(a) Except as provided in this section, the requirements of 4VAC25-130-816.71 are met.

(b) The excess spoil consists of at least 80 percent, by volume, durable nonacid-and nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil materials shall be mixed with excess durable rock spoil in a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a registered engineer and approved by the division, is not durable rock.

(c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements.

(d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.

(e) The underdrain system may be constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, provided the resulting underdrain system is capable of carrying anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and the other requirements for drainage control are met.

(f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-816.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.73, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.74 Disposal of excess spoil; preexisting benches

(a) The division may approve the disposal of excess spoil through placement on preexisting benches if the affected portion of the preexisting bench is permitted and the standards set forth in 4VAC25-130-816.102(c), (e) through (h) and (j), and the requirements of this section are met.

(b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored, and distributed in accordance with 4VAC25-130-816.22. Substitute or supplemental materials may be used in accordance with 4VAC25-130-816.22(b).

(c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long term static safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under 4VAC25-130-816.71.

(d) The preexisting bench shall be backfilled and graded to—

(1) Achieve the most moderate slope possible which does not exceed the angle of repose;

(2) Eliminate the highwall to the maximum extent technically practical;

(3) Minimize erosion and water pollution both on and off the site; and

(4) If the disposal area contains springs, natural, or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under this regulation.

(g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding area, and support the approved postmining land use.

(h) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the division provided that—

(1) The gravity transport courses are determined on a site specific basis by the permittee as part of the permit application and approved by the division to minimize hazards to health and safety and to ensure that damage will be minimized between the benches, outside the set course, and downslope of the lower bench should excess spoil accidentally move;

(2) All gravity transported excess spoil, including that excess spoil immediately below the gravity transport courses and any preexisting spoil that is disturbed, is rehandled and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and to prevent mass movement, and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and to ensure a minimum long-term static safety factor of 1.3. Excess spoil on the bench prior to the current mining operation that is not disturbed need not be rehandled except where necessary to ensure stability of the fill;

(3) A safety berm is constructed on the solid portion of the lower bench prior to gravity transport of the excess spoil. Where there is insufficient material on the lower bench to construct a safety berm, only that amount of excess spoil necessary for the construction of the berm may be gravity transported to the lower bench prior to construction of the berm;

(4) Excess spoil shall not be allowed on the downslope below the upper bench except on designed gravity transport courses properly prepared according to 4VAC25-130-816.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.74, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.75 Disposal of excess spoil; zoned concept

The disposal of spoil under the zoned concept shall meet the requirements of 4VAC25-130-816.71 and the additional requirements of this section.

(a) The fill and appurtenant structures shall be designed using current, prudent engineering practices, and certified by a qualified registered professional engineer experienced in the design of earth and rockfill embankments.

(b) The fill shall be designed to attain a long-term minimum safety factor of 1.5 under static loading conditions and 1.1 under earthquake loading conditions.

(c) All vegetative and organic materials and topsoil in the structural and nonstructural zones shall be removed from the disposal area prior to placement of excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4VAC25-130-816.22. If approved by the division, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(d) Excess spoil shall be transported and placed in a specified controlled manner as follows:

(1) Structural zone. In the structural zone, spoil shall be placed in horizontal lifts and compacted to densities and strengths required to ensure mass stability and prevent mass movement. The lift thickness and gradational requirements of the spoil shall be consistent with the design parameters. The extent of this zone shall be based on accepted engineering analyses.

The temporary outside slope of the nonstructural zone shall not exceed the angle of repose and the height of the nonstructural zone shall be limited to a height determined not to pose an actual or probable hazard to property, public health and safety, or the environment in the event of failure during construction.

(3) The structural zone and the nonstructural zone shall be constructed as concurrently as practicable and the distance between the structural zone and the nonstructural zone shall be minimized to assure proper stability and control of the temporary fill slope.

(e) In addition to the inspection requirements of 4VAC25-130-816.71(h), regular inspections by the engineer or specialist shall be conducted during placement and compaction of fill materials in both the structural and non-structural zones.

(f) The design of the fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps.

(1) Anticipated discharge from springs and seeps and due to precipitation shall be based on records and/or field investigations to determine seasonal variation. The design of the internal drainage system shall be based on the maximum anticipated discharge.

(2) Underdrains constructed of granular material shall consist of durable, nonacid-, nontoxic-forming material such as natural sand and gravel, sandstone, or other durable rock that does not slake in water or degrade to soil material, and which is free of coal, clay, shale, or other nondurable material.

(3) A filter system shall be included to insure proper functioning of the underdrain system. This filter shall be designed and constructed using current geotechnical engineering methods.

(4) In constructing the underdrains, no more than 10 percent of the rock shall be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain.

(5) The drain size shall be designed to safely route the anticipated seepage flows. Minimum drain sizes shall be six feet wide and two feet high.

(6) Prior to placing the underdrain materials, all vegetation and topsoil shall be removed.

(7) The internal drainage system shall be designed to assure that the phreatic surface within the structural zone is controlled.

(8) The internal drainage system shall be designed to prevent channeling of surface runoff through the underdrains.

(g) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from a 100-year, 6-hour precipitation event or larger event specified by the division. Runoff from the fill surface shall be diverted to stabilized channels which will safely pass the runoff from a 100-year, 6-hour precipitation event. Diversion design shall comply with the requirements of 4VAC25-130-816.43. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results.

(h) The top surface of the fill and any terrace constructed shall be graded such that the final slope after settlement shall be toward properly designed drainage channels. The maximum slope of the top of the fill shall be 20h:1v (5 percent). The vertical distance between terraces shall not exceed 50 feet.

(i) Drainage shall not be directed over the outslope of the fill unless it is in a channel properly designed to minimize infiltration into the fill and to safely pass the runoff from a 100-year, 6-hour precipitation event or larger event specified by the division.

(j) The outslope of the completed fill shall not exceed an overall slope of 1v:2h. The division may require a flatter slope.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.75, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.76 Disposal of excess spoil; incidental reclamation

(a) The division, where environmental benefits will occur, may approve placement of spoil not needed to restore the approximate original contour of the land and reclaim land within the permit area in a manner consistent with the Act and this chapter on:

(1) Another area under a permit issued pursuant to the Act, or

(2) On abandoned mine lands under a contract for reclamation according to the AML Guidelines and approved by the Division of Mined Land Repurposing.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.99, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-816.79 Protection of underground mining

No surface mining activities shall be conducted closer than 500 feet to any point of either an active or abandoned underground mine, except to the extent that-

(a) The activities result in improved resource recovery, abatement of water pollution, or elimination of hazards to the health and safety of the public; and

(b)(1) The nature, timing, and sequence of the activities proposed to be conducted closer than 500 feet to an abandoned underground mine are approved by the division; and

(2) The nature, timing, and sequence of the activities proposed to be conducted closer than 500 feet to an active underground mine are jointly approved by the division, the Mine Safety and Health Administration, and the Virginia division of Mines.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.79, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.81 Coal mine waste; general requirements

(a) General. All coal mine waste disposed of in an area other than the mine workings or excavations shall be placed in new or existing disposal areas within a permit area, which are approved by the division for this purpose. Coal mine waste shall be hauled or conveyed and placed for final placement in a controlled manner to—

(1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(2) Ensure mass stability and prevent mass movement during and after construction;

(3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(4) Not create a public hazard; and

(5) Prevent combustion.

(b) Waste from other areas. Coal mine waste material from activities located outside a permit area may be disposed of in the permit area only if approved by the division. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this section.

(1) The disposal facility shall be designed using current prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility.

(2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.

(d) Foundation. Sufficient foundation investigations, as well as any necessary laboratory testing of foundation material, shall be performed in order to determine the design requirements for foundation stability. The analyses of the foundation conditions shall take into consideration the effect of underground mine workings, if any, upon the stability of the disposal facility.

(e) Emergency procedures. If any examination or inspection discloses that a potential hazard exists, the division shall be informed promptly of the finding and of the emergency procedures formulated for public protection and remedial action. If adequate procedures cannot be formulated or implemented, the division shall be notified immediately. Notification shall be by the fastest available means and followed in writing. The division shall then notify the appropriate agencies that other emergency procedures are required to protect the public.

(f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4VAC25-130-784.25.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.81, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.83 Coal mine waste; refuse piles

Refuse piles shall meet the requirements of 4VAC25-130-816.81, the additional requirements of this section, and the requirements of 30 CFR 77.214 and 77.215.

(a) Drainage control.

(1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the disposal facility and ensure stability.

(2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse pile. Runoff from the areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-816.43 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. The appropriate surface drainage system shall be installed prior to placement of coal mine waste in the disposal area.

(3) Underdrains shall comply with the requirements of 4VAC25-130-816.71(f)(3).

(b) Surface area stabilization. Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated, and stored or redistributed in accordance with 4VAC25-130-816.22. If approved by the division, organic material may be used as mulch, or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(2) The final configuration of the refuse pile shall be suitable for the approved postmining land use. Terraces may be constructed on the outslope of the refuse pile if required for stability, control of erosion, conservation of soil moisture, or facilitation of the approved postmining land use. The grade of the outslope between terrace benches shall not be steeper than 2h:1v (50 percent). Terraces, if constructed, shall be no less than 20 feet in width and the vertical distance between terraces shall not exceed 50 feet. Terraces on the fill shall be graded with a minimum 3.0% grade toward the fill and a minimum 1.0% slope toward the drainage control system.

(3) No permanent impoundments shall be allowed on the completed refuse pile. Small depressions may be allowed by the division if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation, and if they are not incompatible with stability of the refuse pile.

(4) Following final grading of the refuse pile, the coal mine waste shall be covered with a minimum of four feet of the best available, nontoxic and noncombustible material, in a manner that does not impede drainage from the underdrains. The division may allow less than four feet of cover material based on physical and chemical analyses which show that the requirements of 4VAC25-130-816.111 through 4VAC25-130-816.116 will be met.

(d) Inspections. A qualified registered professional engineer, or other qualified professional specialist under the direction of the professional engineer, shall inspect the refuse pile during construction. The professional engineer and specialist shall be experienced in the construction of similar earth and waste structures.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the division.

(2) The qualified registered professional engineer shall provide a certified report to the division within two weeks after each inspection that the refuse pile has been constructed and maintained as designed and in accordance with the approved plan and this chapter. The report shall include appearances of instability, structural weakness, and other hazardous conditions.

(3) The certified report on the drainage system and protective filters shall include color photographs taken during and after construction, but before underdrains are covered with coal mine waste. If the underdrain system is constructed in phases, each phase shall be certified separately. The photographs accompanying each certified report shall be taken in adequate size and number with enough terrain or other physical features of the site shown to provide a relative scale to the photographs and to specifically and clearly identify the site.

(4) A copy of each inspection report shall be retained at or near the minesite.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.83, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.84 Coal mine waste; impounding structures

New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of 4VAC25-130-816.81 and the additional requirements of this section.

(a) Coal mine waste shall not be used for construction of impounding structures unless it has been demonstrated to the division that the stability of such a structure conforms to the requirements of this Part and the use of coal mine waste will not have a detrimental effect on downstream water quality or the environment due to acid seepage through the impounding structure. The stability of the structure and the potential impact of acid mine seepage through the impounding structure shall be discussed in detail in the design plan submitted to the division in accordance with 4VAC25-130-780.25.

(b)(1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with 4VAC25-130-816.49(a) and (c). Such structures may not be retained permanently as part of the approved postmining land use.

(2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain, or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the division.

(c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(d) Drainage control. Runoff from areas above the disposal facility or runoff from the surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-816.43 and designed to safely pass the runoff from a 100-year, 6-hour design precipitation event.

(e) Impounding structures constructed of or impounding coal mine waste shall be designed so that at least 90 percent of the water stored during the design precipitation event can be removed within a 10-day period.

(f) For an impounding structure constructed of or impounding coal mine waste, at least 90 percent of the water stored during the design precipitation event shall be removed within the 10-day period following the design precipitation event.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.84, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.87 Coal mine waste; burning and burned waste utilization

(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the division and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those persons authorized by the permittee, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operations.

(b) No burning or burned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the division. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.87, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.89 Disposal of noncoal mine wastes

(a) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated portion of the permit area. Placement and storage shall ensure that leachate and surface runoff do not degrade surface or ground water, that fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings.

(b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with 4VAC25-130-816.111 through 4VAC25-130-816.116. Operation of the disposal site shall be conducted in accordance with all local, state and federal requirements.

(c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall a noncoal mine waste disposal site be located within eight feet of any coal outcrop or coal storage area.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.89, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.95 Stabilization of surface areas

(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.

(b) Rills and gullies which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or the reestablishment of the vegetative cover, or (2) cause or contribute to a violation of water quality standards for receiving streams shall be filled, regraded, or otherwise stabilized; topsoil shall be replaced; and the areas shall be reseeded or replanted.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.95, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.97 Protection of fish, wildlife, and related environmental values

(a) The permittee shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable.

(b) Endangered and threatened species. No surface mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the United States Secretary of the Interior or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 USC § 1531 et seq.). The operator shall promptly report to the division any State or Federally listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the division shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(c) Bald and golden eagles. No surface mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The permittee shall promptly report to the division any golden or bald eagle nest within the permit area of which the permittee becomes aware. Upon notification, the division shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what conditions, the permittee may proceed.

(d) Nothing in this chapter shall authorize the taking of an endangered or threatened species or a bald or golden eagle, its nest, or any of its eggs in violation of the Endangered Species Act of 1973, as amended, 16 USC § 1531 et seq., or the Bald Eagle Protection Act, as amended, 16 USC § 668 et seq.

(e) Each permittee shall, to the extent possible using the best technology currently available--

(1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, surface mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the division determines that such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law;

(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the division determines that such requirements are unnecessary; and

(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.

(f) Wetlands and habitats of unusually high value for fish and wildlife. The permittee shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Surface mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.

(g) Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:

(1) Their proven nutritional value for fish or wildlife.

(2) Their use as cover for fish or wildlife.

(3) Their ability to support and enhance fish or wildlife habitat after the release of performance bonds. The selected plants shall be grouped and distributed in a manner which optimizes edge effect, cover, and other benefits to fish and wildlife.

(h) Where cropland is to be the postmining land use, and where appropriate for wildlife- and crop-management practices, the permittee shall intersperse the fields with trees, hedges, or fence rows throughout the harvested area to break up large blocks of monoculture and to diversify habitat types for birds and other animals.

(i) Where residential, public service, or industrial uses are to be the postmining land use, and where consistent with the approved postmining land use, the permittee shall intersperse reclaimed lands with greenbelts utilizing species of grass, shrubs, and trees useful as food and cover for wildlife.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.97, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.99 Slides and other damage

(a) An undisturbed natural barrier shall be provided beginning at the elevation of the lowest coal seam to be mined and extended from the outslope for such distance as may be determined by the division as is needed to assure stability. The barrier shall be retained in place to prevent slides and erosion.

(b) At any time a slide occurs which may have a potential adverse affect on public property, health, safety, or the environment, the person who conducts the surface mining activities shall notify the division by the fastest available means and comply with any remedial measures required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.99, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.100 Contemporaneous reclamation

(a) General. Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, except when such mining operations are conducted in accordance with a variance for concurrent surface and underground mining activities issued under 4VAC25-130-785.18.

(b) Timing of backfilling and grading.

(1) Contour mining. Rough backfilling and grading shall follow coal removal by not more than 60 days or 1,500 linear feet. The division may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 4VAC25-130-780.18(b)(3), that additional time is necessary.

(2) Open pit mining with thin overburden. Rough backfilling and grading shall occur in accordance with the time schedule approved by the division, on the basis of the materials submitted under 4VAC25-130-780.18(b)(3), which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.

(3) Area strip mining. Rough backfilling and grading shall be completed within 180 days following coal removal and shall not be more than four spoil ridges behind the pit being worked, the spoil from the active pit being considered the first ridge. The division may grant additional time for rough backfilling and grading if the permittee can demonstrate, through a detailed written analysis under 4VAC25-130-780.18(b)(3), that additional time is necessary.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.100, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.102 Backfilling and grading; general requirements

(a) Disturbed areas shall be backfilled and graded to:

(1) Achieve the approximate original contour, except as provided in subsection (k) of this section;

(2) Eliminate all highwalls, spoil piles, and depressions, except as provided in subsection (h) (small depressions) and in subsection (k)(3)(iii)(previously mined highwalls) of this section;

(3) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;

(4) Minimize erosion and water pollution both on and off the site; and

(5) Support the approved postmining land use.

(b) Spoil, except excess spoil disposed of in accordance with 4VAC25-130-816.71 through 4VAC25-130-816.75, shall be returned to the mined-out area.

(c) Spoil and waste materials shall be compacted where advisable to ensure stability or to prevent leaching of toxic materials.

(d) Spoil may be placed on the area outside the mined-out area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:

(1) All vegetative and organic material shall be removed from the area.

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with 4VAC25-130-816.22.

(3) The spoil shall be backfilled and graded on the area in accordance with the requirements of this section.

(e) Disposal of coal processing waste and underground development waste in the mined-out area shall be in accordance with 4VAC25-130-816.81 and 4VAC25-130-816.83 as provided in subdivisions (1) and (2) of this subsection, except that a long-term static safety factor of 1.3 shall be achieved.

(1) Disposal of coal processing waste and underground development waste in the mined-out area to backfill disturbed areas shall be in accordance with 4VAC25-130-816.81.

(2) Disposal of coal processing waste and underground development waste in the mined-out area as a refuse pile and not to backfill disturbed areas shall be in accordance with 4VAC25-130-816.81 and 4VAC25-130-816.83. The division may approve a variance to 4VAC25-130-816.83 (a) (2) if the applicant demonstrates that the area above the refuse pile is small and that appropriate measures will be taken to direct or convey runoff across the surface area of the pile in a controlled manner.

(f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be covered with a minimum of 4 feet of nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with 4VAC25-130-816.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use. Acid- and toxic-forming materials shall not be buried or stored in proximity to any drainage course.

(g) Cut-and-fill terraces may be allowed by the division where:

(1) Needed to conserve soil moisture, ensure stability, and control erosion on final-graded slopes, if the terraces are compatible with the approved postmining land use; or

(2) Specialized grading, foundation conditions, or roads are required for the approved postmining land use, in which case the final grading may include a terrace of adequate width to ensure the safety, stability, and erosion control necessary to implement the postmining land-use plan.

(h) Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation.

(i) Permanent impoundments may be approved if they meet the requirements of 4VAC25-130-816.49 and 4VAC25-130-816.56 and if they are suitable for the approved postmining land use.

(j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion and provides a surface for replacement of topsoil that will minimize slippage.

(k) The postmining slope may vary from the approximate original contour when:

(1) The standards for thin overburden in 4VAC25-130-816.104 are met;

(2) The standards for thick overburden in 4VAC25-130-816.105 are met; or

(3) Approval is obtained from the division for:

(i) Mountaintop removal operations in accordance with 4VAC25-130-785.14;

(ii) A variance from approximate original contour requirements in accordance with 4VAC25-130-785.16; or

(iii) Incomplete elimination of highwalls in previously mined areas in accordance with 4VAC25-130-816.106(e).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.102, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 11, Issue 26, eff. October 18, 1995.

4VAC25-130-816.104 Backfilling and grading; thin overburden

(a) Thin overburden exists when spoil and other waste materials available from the entire permit area is insufficient to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is less than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfilling and grading the surface configuration of the reclaimed area would not:

(1) Closely resemble the surface configuration of the land prior to mining; or

(2) Blend into and complement the drainage pattern of the surrounding terrain.

(b) Where thin overburden occurs within the permit area, the permittee at a minimum shall:

(1) Use all spoil and other waste materials available from the entire permit area to attain the lowest practicable grade, but not more than the angle of repose; and

(2) Meet the requirements of 4VAC25-130-816.102(a)(2) through (j).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.104, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-816.105 Backfilling and grading; thick overburden

(a) Thick overburden exists when spoil and other waste materials available from the entire permit area is more than sufficient to restore the disturbed area to its approximate original contour. More than sufficient spoil and other waste materials occur where the overburden thickness times the swell factor, plus the thickness of other available waste materials, is more than the combined thickness of the overburden and coal bed prior to removing the coal, so that after backfill and grading the surface configuration of the reclaimed area would not:

(1) Closely resemble the surface configuration of the land prior to mining; or

(2) Blend into and complement the drainage pattern of the surrounding terrain.

(b) Where thick overburden occurs within the permit area, the permittee at a minimum shall:

(1) Restore the approximate original contour and then use the remaining spoil and other waste materials to attain the lowest practicable grade, but not more than the angle of repose;

(2) Meet the requirements of 4VAC25-130-816.102(a)(2) through (j); and

(3) Dispose of any excess spoil in accordance with 4VAC25-130-816.71 through 4VAC25-130-816.75.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.105, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999; Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-816.106 Backfilling and grading; previously mined areas

(a) Remining operations on previously mined areas that contain a pre-existing highwall shall comply with the requirements of 4VAC25-130-816.102 through 4VAC25-130-816.107, except as provided in this section.

(b) The requirements of 4VAC25-130-816.102(a)(1) and (a)(2) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the division to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(1) All spoil generated by the remining operation and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil in the immediate vicinity of the remining operation shall be included within the permit area.

(2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.

(3) Any highwall remnant shall be stable and not pose a hazard to the public health and safety or to the environment. The permittee shall demonstrate, to the satisfaction of the division, that the highwall remnant is stable.

(4) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

(5) Access roads shall be provided from the bench to the top of the highwall approximately every 2,500 feet. Access roads shall be constructed to allow access by 4-wheel drive vehicles.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.106, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.107 Backfilling and grading; steep slopes

(a) Surface mining activities on steep slopes shall be conducted so as to meet the requirements of 4VAC25-130-816.102 through 4VAC25-130-816.106, and the requirements of this section except where mining is conducted on flatter gently rolling terrain with an occasional steep slope through which the mining proceeds and leaves a plain or predominantly flat area or where operations are conducted in accordance with Part 824.

(b) The following materials shall not be placed or allowed to remain on the downslope:

(1) Spoil.

(2) Waste materials of any type.

(3) Debris, including that from clearing and grubbing.

(4) Abandoned or disabled equipment.

(c) Land above the highwall shall not be disturbed unless the division finds that this disturbance will facilitate compliance with the environmental protection standards of this Subchapter and the disturbance is limited to that necessary to facilitate compliance.

(d) Woody materials shall not be buried in the backfilled area unless the division determines that the proposed method for placing woody material within the backfill will not deteriorate the stable condition of the backfilled area.

(e) The permittee must demonstrate to the division, using standard geotechnical analysis, that the minimum static factor of safety for the stability of all portions of the reclaimed land is at least 1.3. A lower or higher factor of safety may be specified by the division upon a finding that the backfilled area will not present any actual or probable hazard to public property, health, safety, and the environment. The factor of safety specified shall be based on accepted geotechnical engineering analyses. A lower factor of safety shall be approved only upon a demonstration that:

(i) The degree of uncertainty in the calculation has been reduced through the use of thorough geotechnical testing and analyses. Sufficient investigation and laboratory testing shall be conducted to determine the design requirements for stability of the backfilled area. The testing and analyses shall include at a minimum consideration of the properties of the spoil to be backfilled, foundation conditions, and surface and groundwater flows.

(ii) The backfilled area will not present any actual or probable hazard to public health and safety or the environment.

(iii) A system of underdrains is utilized to assure that the phreatic surface within the backfilled area is controlled. The underdrains shall be constructed of non-degradable, non-acid or toxic-forming material such as natural sand and gravel, sandstone, or other durable rock that will not slake in water and which is essentially free of coal, clay, or shale. The internal drainage system must ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps. The drain size shall be designed to safely route the anticipated seepage flows over the long term life of the backfilled area.

(iv) The design shall be certified by a qualified registered professional engineer experienced in the construction of earth and rockfill embankments as being in conformance with accepted professional standards.

(v) The backfilled area shall be inspected by a qualified registered professional engineer or other qualified professional specialist experienced in the construction of earth and rock-fill embankments during critical construction periods. The registered engineer shall provide to the division a certified report within two weeks after each inspection that the backfilled area has been constructed as specified in the design approved by the division.

(f) Drainage channels or roads which are approved under 4VAC25-130-816.133 for the postmining land use and which are to be located in the uppermost portion of the backfilled area shall be approved by the division only upon a finding that the highwall shall be completely covered. The division may approve incorporating the drainage channel or road as an integral part of the backfilled area with the requirements to blend or shave the highwall into the natural terrain, if the standards of this section are satisfied.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.107, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.111 Revegetation; general requirements

(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that is-

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the division;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(b) The reestablished plant species shall-

(1) Be compatible with the approved postmining land use;

(2) Have the same seasonal characteristics of growth as the original vegetation;

(3) Be capable of self- regeneration and plant succession;

(4) Be compatible with the plant and animal species of the area; and

(5) Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(c) The division may grant exception to the requirements of Paragraphs (b)(2) and (b)(3) of this section when the species are necessary to achieve a quick-growing, temporary, stabilizing cover, and measures to establish permanent vegetation are included in the approved permit and reclamation plan.

(d) When the division approves a cropland postmining land use, the division may grant exception to the requirements of Paragraphs (a)(1), (a)(3), (b)(2), and (b)(3) of this section. The requirements of Part 823 apply to areas identified as prime farmland.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.111, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.113 Revegetation; timing

Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected. When necessary to effectively control erosion, disturbed areas shall be planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.113, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.114 Revegetation; mulching and other soil stabilizing practices

Suitable mulch or other soil stabilizing practices shall be used on all areas that have been been regraded and covered by topsoil or topsoil substitutes. The division may waive this requirement if seasonal, soil, or slope factors result in a condition where mulch or other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.114, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.116 Revegetation; standards for success

(a) Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of 4VAC25-130-816.111.

(1) Statistically valid sampling techniques shall be used for measuring success.

(2) Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., one-sided test with a 0.10 alpha error). Sampling techniques for measuring woody plant stocking, ground cover, and production shall be in accordance with techniques approved by the division.

(b) Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:

(1) For areas developed for use as grazing land or pasture land, the ground cover and production of living plants on the revegetated area shall be at least equal to that of a reference area or if approved by the division, a vegetative ground cover of 90% for areas planted only in herbaceous species and productivity at least equal to the productivity of the premining soils may be achieved. Premining productivity shall be based upon data of the U.S. Natural Resources Conservation Service and measured in such units as weight of material produced per acre or animal units supported.

(2) For areas developed for use as cropland, crop production on the revegetated area shall be at least equal to that of a reference area or if approved by the division, crop yields shall be at least equal to the yields for reference crops from unmined lands. Reference crop yields shall be determined from the current yield records of representative local farms in the surrounding area or from the average county yields recognized by the U.S. Department of Agriculture.

(3) For areas to be developed for fish and wildlife habitat, undeveloped land, recreation, shelter belts, or forestry, the stocking of woody plants must be at least equal to the rates specified in the approved reclamation plan. To minimize competition with woody plants, herbaceous ground cover should be limited to that necessary to control erosion and support the postmining land use. Seed mixtures and seeding rates will be specified in the approved reclamation plan. Such parameters are described as follows:

(i) Minimum stocking and planting arrangements shall be specified by the division on the basis of local and regional conditions and after consultation with and approval by the state agencies responsible for the administration of forestry and wildlife programs. Consultation and approval may occur on either a program wide or a permit specific basis.

(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80% of the trees and shrubs used to determine such success shall have been in place for at least three years. Root crown or sprouts over one foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(iii) Vegetative ground cover shall not be less than that required to control erosion and achieve the approved postmining land use.

(iv) Where commercial forest land is the approved postmining land use:

(A) The area shall have a minimum stocking of 400 trees per acre.

(B) All countable trees shall be commercial species and shall be well distributed over each acre stocked.

(C) Additionally, the area shall have an average of at least 40 wildlife food-producing shrubs per acre. The shrubs shall be suitably located for wildlife enhancement, and may be distributed or clustered.

(v) Where woody plants are used for wildlife management, recreation, shelter belts, or forest uses other than commercial forest land:

(A) The stocking of trees, shrubs, half-shrubs and the ground cover established on the revegetated area shall approximate the stocking and ground cover on the surrounding unmined area and shall utilize local and regional recommendations regarding species composition, spacing and planting arrangement;

(B) Areas planted only in herbaceous species shall sustain a vegetative ground cover of 90%;

(C) Areas planted with a mixture of herbaceous and woody species shall sustain a herbaceous vegetative ground cover in accordance with guidance provided by the division and the approved forestry reclamation plan and establish an average of 400 woody plants per acre. At least 40 of the woody plants for each acre shall be wildlife food-producing shrubs located suitably for wildlife enhancement, which may be distributed or clustered on the area.

(4) For areas to be developed for industrial, commercial, or residential use less than two years after regrading is completed, the vegetative ground cover shall not be less than that required to control erosion.

(5) For areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or otherwise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance, and shall be adequate to control erosion.

(c) (1) The period of extended responsibility for successful revegetation shall begin after the last year of augmented seeding, fertilizing, irrigation, or other work, excluding husbandry practices that are approved by the division in accordance with subdivision (c)(3) of this section.

(2) The period of responsibility shall continue for a period of not less than:

(i) Five full years except as provided in subdivision (c)(2)(ii) of this section. The vegetation parameters identified in subsection (b) of this section for grazing land or pastureland and cropland shall equal or exceed the approved success standard during the growing seasons of any two years of the responsibility period, except the first year. Areas approved for the other uses identified in subsection (b) of this section shall equal or exceed the applicable success standard during the growing season of the last year of the responsibility period.

(ii) Two full years for lands eligible for remining. To the extent that the success standards are established by subdivision (b)(5) of this section, the lands shall equal or exceed the standards during the growing season of the last year of the responsibility period.

(3) The division may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the postmining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal conservation practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding and/or transplanting specifically necessitated by such actions.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.116, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995; Volume 14, Issue 5, eff. December 24, 1997; Volume 23, Issue 16, eff. May 16, 2007; Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-816.131 Cessation of operations; temporary

(a) The permittee shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a permittee of his obligation to comply with any provisions of the approved permit.

(b) Before temporary cessation of mining and reclamation operations for a period of 30 days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, the permittee shall submit to the division a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation, and the anticipated time period for which the temporary cessation of mining and reclamation operations will be in effect.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.131, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.132 Cessation of operations; permanent

(a) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the permit approved by the division.

(b) All underground openings, equipment, structures, or other facilities not required for monitoring, unless approved by the division as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.132, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.133 Postmining land use

(a) General. All disturbed areas shall be restored in a timely manner to conditions that are capable of supporting-

(1) The uses they were capable of supporting before any mining; or

(2) Higher or better uses.

(b) Determining premining uses of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining; provided that, if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(c) Criteria for alternative postmining land uses. Higher or better uses may be approved by the division as alternative postmining land uses after consultation with the landowner or the land management agency having jurisdiction over the lands, if the proposed uses meet the following criteria:

(1) There is a reasonable likelihood for achievement of the use.

(2) The use does not present any actual or probable hazard to public health or safety, or threat of water diminution or pollution.

(3) The use will not-

(i) Be impractical or unreasonable;

(ii) Be inconsistent with applicable land use policies or plans;

(iii) Involve unreasonable delay in implementation; or

(iv) Cause or contribute to violation of Federal, State, or local law.

(d) Approximate original contour: Criteria for variance. Surface coal mining operations that meet the requirements of this Paragraph may be conducted under a variance from the requirement to restore disturbed areas to their approximate original contour, if the following requirements are satisfied:

(1) The division grants the variance under a permit issued in accordance with 4VAC25-130-785.16.

(2) The alternative postmining land use requirements of Paragraph (c) of this section are met.

(3) All applicable requirements of the Act and this chapter, other than the requirement to restore disturbed areas to their approximate original contour, are met.

(4) After consultation with the appropriate land use planning agencies, if any, the potential use is shown to constitute an equal or better economic or public use.

(5) The proposed use is designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site.

(6) After approval, where required, of the appropriate State environmental agencies, the watershed of the permit and adjacent areas is shown to be improved.

(7) The highwall is completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3, using standard geotechnical analysis.

(8) Only the amount of spoil as is necessary to achieve the postmining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and this chapter is placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with 4VAC25-130-816.71 through 4VAC25-130-816.75.

(9) The surface landowner of the permit area has knowingly requested, in writing, that a variance be granted, so as to render the land, after reclamation, suitable for an industrial, commercial, residential, or public use (including recreational facilities).

(10) Federal, State, and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.133, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.150 Roads; general

(a) Road classification system.

(1) Each road, as defined in 4VAC25-130-700.5, shall be classified as either a primary road or an ancillary road.

(2) A primary road is any road which is--

(i) Used for transporting coal or spoil;

(ii) Frequently used for access or other purposes for a period in excess of six months; or

(iii) To be retained for an approved postmining land use.

(3) An ancillary road is any road not classified as a primary road.

(b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(1) Control or prevent erosion, siltation, and the air pollution attendant to erosion, including road dust as well as dust occurring on other exposed surfaces, by measures such as vegetating, watering, using chemical or other dust suppressants, or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

(2) Control or prevent damage to fish, wildlife or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;

(5) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(6) Prevent or control damage to public or private property including the prevention or mitigation of adverse effects on lands within the boundaries of units of The National Park System, The National Wildlife Refuge System, The National System of Trails, The National Wilderness Preservation System, The Wild and Scenic Rivers System, including designated study rivers, and national recreation areas designated by Act of Congress; and

(7) Use non-acid and non-toxic-forming substances in road surfacing.

(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the division.

(d) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the division in accordance with the applicable portions of 4VAC25-130-816.41 through 4VAC25-130-816.43 and 4VAC25-130-816.57.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(e) Maintenance.

(1) A road shall be maintained to meet the performance standards of this Part and any additional criteria specified by the division.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(f) Reclamation.

(1) A road not to be retained under an approved post-mining land use shall be reclaimed in accordance with the approved reclamation plan as soon as practicable after it is no longer needed for mining and reclamation operations. This reclamation shall include:

(i) Closing the road to traffic;

(ii) Removing all bridges and culverts unless approved as part of the postmining land use;

(iii) Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;

(iv) Reshaping cut and fill slopes as necessary to be compatible with the post-mining land use and to complement the drainage pattern of the surrounding terrain;

(v) Protecting the natural drainage patterns by installing dikes or cross drains as necessary to control surface runoff and erosion. A water bar shall be placed at the head of all pitched grades regardless of other spacing. Water bars shall cross the road at approximately a 30 degree angle. Water bars of the ditch and earth berm type shall be installed according to the following provisions:

| | Percent of Road Grade | Spacing of Water Bars in Feet | | --- | --- | --- | | | 0 - 2 | 250 | | | 3 - 5 | 135 | | | 6 - 10 | 80 | | | 11 - 15 | 60 | | | 15 + 20 | 40 |

(vi) Scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with 4VAC25-130-816.22 and 4VAC25-130-816.111 through 4VAC25-130-816.116.

(2) Roads which are to be retained as part of an approved post-mining land use shall be constructed or reconstructed to be compatible with that use. Construction or reconstruction shall include:

(i) Restoring an existing road to a condition equal to or better than its pre-mining condition; and

(ii) Meeting the requirements of 4VAC25-130-816.151 as appropriate.

(g) The division may approve alternative specifications if they are demonstrated to result in performance equal to or better than that resulting from roads complying with 4VAC25-130-816.150 and 4VAC25-130-816.151.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.150, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.151 Primary roads

Primary roads shall meet the requirements of 4VAC25-130-816.150 and the additional requirements of this section.

(a) Certification and construction.

(1) The construction or reconstruction of primary roads shall be certified in a report to the division by a qualified registered professional engineer. The report shall indicate that the primary road has been constructed or reconstructed as designed and in accordance with the approved plan.

(2) The centerline of a proposed road shall be flagged prior to field inspection.

(3) All road grades shall be subject to a tolerance of plus or minus 2.0% grade.

(4) Grading. The grade of a road shall not exceed 10% unless a steeper grade is justified by site conditions and topography.

(i) The grade shall be controlled to minimize erosion and sedimentation.

(ii) The road surface shall be sloped toward the ditch line at the minimum rate of ½ inch per foot of width or crowned at the minimum rate of ½ inch per foot of width as measured from the centerline of the road.

(5) Cuts. Cut slopes shall not be steeper than 1v:1.5h in unconsolidated materials, 1v:1h in shale, or 1v:0.25h in sandstone. Steeper slopes may be specifically authorized by the division based on the geotechnical analysis.

(6) Revegetation. All disturbed areas shall be seeded and mulched immediately after construction. If construction occurs during the non-seeding period of November 1 through February 15, the permittee may use alternate methods upon approval by the division for control of erosion. Adequate vegetation to control erosion shall be maintained.

(7) Excess or unsuitable material from excavations shall be disposed of in accordance with 4VAC25-130-816.71. Acid- and toxic-forming material shall be disposed of in accordance with 4VAC25-130-816.41, 4VAC25-130-816.81, and 4VAC25-130-816.102.

(8) Temporary erosion-control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established.

(b) Safety factor. The following specifications shall be utilized for embankment construction. The division may specifically authorize alternate specifications if the geotechnical analysis demonstrates that a minimum safety factor of 1.3 can be maintained.

(1) All organic material and topsoil shall be removed from the embankment foundation and no organic material, topsoil, or other unsuitable material shall be placed beneath or in any embankment.

(2) Where an embankment is to be placed on side slopes less than 36%, the following conditions shall be required:

(i) The embankment shall be constructed in uniform, compacted layers not exceeding 4 feet in thickness.

(ii) The embankment slopes shall not be steeper than 1v:1.5h.

(3) Where an embankment is to be placed on side slopes exceeding 36% the following additional conditions shall be required:

(i) A keyway cut shall be constructed at the toe of the fill to ensure stability; the keyway cut shall be at least 10 feet in width and shall be sloped inward.

(ii) The embankment shall be constructed in uniform compacted layers not exceeding two feet in thickness.

(4) Acid-producing materials may be used in the embankments of only those roads constructed or reconstructed on coal mine waste disposal facilities, if it is demonstrated that no additional acid will leave the confines of the facility. In no case shall acid-producing refuse material be used outside the confines of the coal mine waste disposal facility. Restoration of the road shall be in accordance with the requirements of 4VAC25-130-816.102 through 4VAC25-130-816.116.

(1) To minimize erosion, a primary road shall be located, insofar as practical, on the most stable available surface.

(2) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the division as temporary routes during periods of road construction.

(d) Drainage control. In accordance with the approved plan.

(1) Each primary road shall be constructed or reconstructed, and maintained to have adequate drainage control, using structures such as, but not limited to, bridges, ditches, cross drains, and ditch relief drains. The drainage control system shall be designed to safely pass the peak runoff from a 10-year, six-hour precipitation event, or greater event as specified by the division.

(2) Drainage pipes and culverts shall be installed as designed, and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets.

(i) Sufficient culverts shall be installed to limit erosion in ditchlines. Additional culverts may be required by the division if excessive erosion or sedimentation is anticipated or observed.

(ii) Culverts shall cross the road at not less than a 30° angle downgrade, except if risers are used. Culverts placed in intermittent or perennial streams shall be straight and coincide with normal flow.

(iii) Culverts shall be placed on a minimum 4.0% grade.

(iv) Culverts shall be at least 12 inches in diameter.

(3) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of the drainage and sediment control structures. A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut and fill section. Water shall be intercepted before reaching a switch back or large fill and drained safely away. Water from a fill or switchback shall be released below the fill through conduits or in rip rapped channels and shall not be discharged onto the fill. Ditches shall have a minimum constructed depth of one foot, measured from the lowest point in the road surface adjacent to the ditch.

(4) Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(5) Natural stream channels shall not be altered or relocated without the prior approval of the division in accordance with the applicable portions of 4VAC25-130-816.41 through 4VAC25-130-816.43 and 4VAC25-130-816.57.

(6) Except as provided in subdivision (c)(2) of this section, structures for perennial or intermittent stream channel crossings shall be made using bridges, culverts, low-water crossings, or other structures designed, constructed, and maintained using current, prudent engineering practice. The drainage structure itself can be at least equal to or greater than the stream channel capacity immediately upstream and downstream of the crossing. Low-water crossings shall be designed, constructed, and maintained to prevent erosion of the structure or streambed and additional contributions of suspended solids to streamflow.

(7) (i) Sediment control shall be provided as part of the road drainage system unless runoff is diverted to other approved drainage/sediment control structures.

(ii) Sediment control structures along a road shall be designed to provide 0.025 acre-feet of sediment storage capacity for each acre of disturbed area draining to the structure if the structure is the final discharge point for effluent from the permit area. Other capacities may be required by the division.

(e) Surfacing. Primary roads shall be surfaced with rock, crushed stone, gravel, asphalt, or other material approved by the division as being sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road.

(f) Maintenance. Routine maintenance for primary roads shall include repairs to the road surface, blading, filling potholes and adding replacement gravel or asphalt. Sediment control structures shall be cleaned regularly and when sediment accumulation may impair their functioning. Maintenance shall also include revegetation, brush removal, and minor reconstruction of road segments as necessary.

(g) Coal haulage. Any roads used for transporting coal shall have construction or reconstruction completed prior to the hauling of coal.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.151, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995.

4VAC25-130-816.152 Existing roads

Where existing roads that are to be used meet the performance standards of 4VAC25-130-816.150 and 4VAC25-130-816.151 or it can be demonstrated that reconstruction to meet the design standards of 4VAC25-130-816.150 and 4VAC25-130-816.151 would result in greater environmental harm, the division may waive the design requirements of those sections; however, such roads are to be constructed and maintained to control or prevent erosion. Review will place emphasis on stabilization and the water control system.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.152, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995.

4VAC25-130-816.180 Utility installations

All surface coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.180, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-816.181 Support facilities

(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation operation to which it is incident or from which its operation results.

(b) In addition to the other provisions of this Part, support facilities shall be located, maintained, and used in a manner that-

(1) Prevents or controls erosion and siltation, water pollution, and damage to public or private property; and

(2) To the extent possible using the best technology currently available-

(i) Minimizes damage to fish, wildlife, and related environmental values; and

(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 816.181, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 817 Permanent Program Performance Standards—Underground Mining Activities

4VAC25-130-817.11 Signs and markers

(a) Specifications. Signs and markers required under this part shall—

(1) Be posted, maintained, and removed by the person who conducts the underground mining activities;

(2) Be of a uniform design throughout the operation that can be easily seen and read;

(3) Be made of durable material;

(4) Be made of or marked with fluorescent or reflective paint or material if the signs are permit boundary markers on areas that are located on steep slopes above private dwellings or other occupied buildings; and

(5) Conform to local ordinances and codes.

(b) Maintenance. Signs and markers shall be maintained during the conduct of all activities to which they pertain.

(1) Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.

(2) Signs shall show the name, business address, and telephone number of the permittee and the identification number of the current permit authorizing underground mining activities.

(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.

(e) Buffer zone markers. Buffer zones shall be marked along their boundaries, prior to permit review conducted by the division's field enforcement personnel. The boundaries shall be clearly marked by flagging, stakes or signs as required under 4VAC25-130-817.57. All markers of the buffer zone shall be easily visible from adjacent markers.

(f) Blasting signs. If blasting is conducted incident to underground mining activities, the person who conducts these activities shall:

(g) Topsoil markers. Where topsoil or other vegetation-supporting material is segregated and stockpiled as required under 4VAC25-130-817.22, the stockpiled material shall be clearly marked.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-817.13 Casing and sealing of exposed underground openings; general requirements

Each exploration hole, other drill or borehole, shaft, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the division, to prevent acid or other toxic drainage from entering ground and surface waters, to minimize disturbance to the prevailing hydrologic balance, and to ensure the safety of people, livestock, fish, and wildlife, and machinery in the permit and adjacent areas. If these openings are uncovered or exposed by mining activities within the permit area, they shall be permanently closed, unless approved for water monitoring, or otherwise managed in a manner approved by the division. Use of a drilled hole or borehole or monitoring well as a water well must meet the provisions of 4VAC25-130-817.41. This section does not apply to holes solely drilled and used for blasting, in the area affected by surface operations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.14 Casing and sealing of underground openings; temporary

(a) Each mine entry which is temporarily inactive, but has a further projected useful service under the approved permit application, shall be protected by barricades or other covering devices, fenced, and posted with signs, to prevent access into the entry and to identify the hazardous nature of the opening. These devices shall be periodically inspected and maintained in good operating condition by the permittee.

(b) Each exploration hole, other drill or bore holes, shafts, wells and other exposed underground openings which have been identified in the approved permit application for use to return underground development waste, coal processing waste or water to underground workings or to be used to monitor ground water conditions, shall be temporarily sealed until actual use.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.15 Casing and sealing of underground openings; permanent

When no longer needed for monitoring or other use approved by the division upon a finding of no adverse environmental or health and safety effects, or unless approved for transfer as a water well under 4VAC25-130-817.41, each shaft, drift, adit, tunnel, exploratory hole, entranceway or other opening to the surface from underground shall be capped, sealed, backfilled, or otherwise properly managed, as required by the division under 4VAC25-130-817.13 and consistent with 30 CFR 75.1771 and the standards for oil and gas wells of the Virginia division of Mines, as appropriate. Permanent closure measures shall be designed to prevent access to the mine workings by people, livestock, fish and wildlife, and machinery, and to keep acid or other toxic drainage from entering ground or surface waters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.22 Topsoil and subsoil

(a) Removal.

(1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated.

(ii) Where the topsoil is of insufficient quantity or of poor quality for sustaining vegetation, the materials approved by the division in accordance with Paragraph (b) of this section shall be removed as a separate layer from the area to be disturbed, and segregated.

(2) If topsoil is less than six inches thick, the permittee may remove the topsoil and the unconsolidated materials immediately below the topsoil and treat the mixture as topsoil.

(3) The division may choose not to require the removal of topsoil for minor disturbances which -

(i) Occur at the site of small structures, such as power poles, signs, or fence lines; or

(ii) Will not destroy the existing vegetation and will not cause erosion.

(4) Timing. All materials to be removed under this section shall be removed after the vegetative cover that would interfere with its salvage is cleared from the area to be disturbed, but before any drilling, blasting, mining, or other surface disturbance takes place.

(b) Substitutes and supplements.

(1) Selected overburden materials may be substituted for, or used as a supplement to, topsoil if the permittee demonstrates to the division, in accordance with 4VAC25-130-784.13 that the resulting soil medium is equal to, or more suitable for sustaining vegetation than, the existing topsoil, and the resulting soil medium is the best available in the permit area to support revegetation.

(2) Substituted or supplemental material shall be removed, segregated, and replaced in compliance with the requirements of this section for topsoil.

(i) The results of the analyses of the overburden required in 4VAC25-130-784.13 demonstrates the feasibility of using the overburden materials.

(ii) The substitute material has a pH greater than 5.0, has a net acidity of less than five tons per 1,000 tons of material or a net alkalinity, and is suitable for sustaining vegetation consistent with the standards for vegetation in 4VAC25-130-817.111 through 4VAC25-130-817.116, and the approved postmining land use.

(1) Materials removed under Paragraph (a) of this section shall be segregated and stockpiled when it is impractical to redistribute such materials promptly on regraded areas.

(2) Stockpiled materials shall-

(i) Be selectively placed on a stable site within the permit area;

(ii) Be protected from contaminants and unnecessary compaction that would interfere with revegetation;

(iii) Be protected from wind and water erosion through prompt establishment and maintenance of an effective, quick growing vegetative cover or through other measures approved by the division; and

(iv) Not be moved until required for redistribution unless approved by the division.

(3) Where long term surface disturbances will result from facilities such as support facilities and preparation plants and where stockpiling of materials removed under Paragraph (a)(1) of this section would be detrimental to the quality or quantity of those materials, the division may approve the temporary distribution of the soil materials so removed to an approved site within the permit area to enhance the current use of that site until the materials are needed for later reclamation, provided that-

(i) Such action will not permanently diminish the capability of the topsoil of the host site; and

(ii) The material will be retained in a condition more suitable for redistribution than if stockpiled.

(d) Redistribution.

(1) Topsoil materials and substitutes removed under Paragraph (a) and (b) of this section shall be redistributed in a manner that-

(i) Achieves an approximately uniform, stable thickness when consistent with the approved postmining land use, contours, and surface water drainage systems. Soil thickness may also be varied to the extent such variations help meet the specific revegetation goals identified in the permit;

(ii) Prevents excess compaction of the materials; and

(iii) Protects the materials from wind and water erosion before and after seeding and planting.

(3) The division may choose not to require the redistribution of topsoil or topsoil substitutes on the approved postmining embankments of permanent impoundments or of roads if it determines that-

(i) Placement of topsoil or topsoil substitutes on such embankments is inconsistent with the requirement to use the best technology currently available to prevent sedimentation; and

(ii) Such embankments will be otherwise stabilized.

(i) Fertilization rates of 300 pounds of 16-27-14 or 500 pounds of 10-20-10 or equivalents per acre shall be used.

(ii) Liming rates shall be in accordance with the following table:

(iii) Soil tests shall be performed promptly after topsoiling but before application of any supplementary nutrients and any additional lime and fertilizer applied as necessary.

(e) Subsoil segregation. The division may require that the B horizon, C horizon, or other underlying strata, or portions thereof, be removed and segregated, stockpiled, and redistributed as subsoil in accordance with the requirements of Paragraphs (c) and (d) of this section if it finds that such subsoil layers are necessary to comply with the revegetation requirements of 4VAC25-130-817.111, 4VAC25-130-817.113, 4VAC25-130-817.114, and 4VAC25-130-817.116.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.22, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-817.41 Hydrologic-balance protection

(a) General. All underground mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, and to support approved postmining land uses in accordance with the terms and conditions of the approved permit and the performance standards of this part. The division may require additional preventative, remedial, or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Mining and reclamation practices that minimize water pollution and changes in flow shall be used in preference to water treatment.

(b) Groundwater protection. In order to protect the hydrologic balance, underground mining activities shall be conducted according to the plan approved under 4VAC25-130-784.14(g) and the following:

(1) Groundwater quality shall be protected by handling earth materials and runoff in a manner that minimizes acidic, toxic, or other harmful infiltration to groundwater systems and by managing excavations and other disturbances to prevent or control the discharge of pollutants into the groundwater.

(2) Groundwater quantity shall be protected by handling earth materials and runoff in a manner that will restore approximate premining recharge capacity of the reclaimed area as a whole, excluding coal mine waste disposal areas and fills, so as to allow the movement of water to the groundwater system.

(1) Groundwater monitoring shall be conducted according to the groundwater monitoring plan approved under 4VAC25-130-784.14(h). The division may require additional monitoring when necessary.

(2) Representative monitoring.

(ii) If degradation, contamination or diminution of water quality or quantity are evident through monitoring, then additional monitoring and/or remedial action may be required by the division.

(3) Source monitoring.

(i) Source monitoring shall be used near isolated acid-producing or toxic-producing material. Monitoring shall be by piezometers or other equipment suitable for monitoring in the unsaturated zone. Piezometers or alternate equipment shall be installed in backfilled material during or within 45 days after final grading of the area. Installation in fill or temporary storage areas shall be as soon as practicable. Monitoring points shall be of sufficient number and locations so that adverse impacts can be readily detected.

(ii) Representative monitoring may be required by the division in addition to source monitoring when the operation may adversely impact usable ground waters.

(4) Well drilling, construction and completion.

(ii) Monitoring wells shall be drilled an additional 20 feet into the water-producing zone to aid in pumping.

(iii) Monitoring wells shall:

(A) Accommodate a four-inch submersible pump for sample extraction and measurement of field parameters. Other diameters may be approved by the division if sample extraction is allowed.

(B) Be constructed in a manner which isolates the water-producing zone to be monitored and prevents the mixing of ground waters.

(D) Be capped, locked, and labeled with an identification number.

(E) Be properly developed and the final yield reported.

(F) Not be constructed or packed with materials which would adversely affect the monitoring results obtained.

(iv) Existing wells may be used for monitoring provided that:

(A) The well is located at a point where data representative of the permit or adjacent area will be obtained.

(B) The well penetrates the water-producing zone to be monitored.

(D) The well meets the standards of subdivision (c)(4) of this section.

(E) Filtering systems and water softeners are not present which may alter the quality of the water sample. Filters or softeners may be disconnected or bypassed during sampling.

(5) Groundwater monitoring data shall be submitted within 30 days after the end of the calendar quarter to the division. More frequent reporting may be prescribed by the division. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any groundwater sample indicates noncompliance with the permit conditions, then the permittee shall promptly notify the division and immediately take the actions provided for in 4VAC25-130-773.17(e) and 4VAC25-130-784.14(g).

(6) Groundwater monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with the procedures of 4VAC25-130-774.13, the division may modify the monitoring requirements including the parameters covered and the sampling frequency if the permittee demonstrates, using the monitoring data obtained under this subdivision, that:

(i) The operation has minimized disturbance to the prevailing hydrologic balance in the permit and adjacent areas and prevented material damage to the hydrologic balance outside the permit area; water quantity and quality are suitable to support approved postmining land uses; or

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4VAC25-130-784.14(h).

(7) Equipment, structures, and other devices used in conjunction with monitoring the quality and quantity of groundwater onsite and offsite shall be properly installed, maintained, and operated and shall be removed by the permittee when no longer required by the division.

(d) Surface water protection. In order to protect the hydrologic balance, underground mining activities shall be conducted according to the plan approved under 4VAC25-130-784.14(g), and the following:

(1) Surface water quality shall be protected by handling earth materials, groundwater discharges, and runoff in a manner that minimizes the formation of acidic or toxic drainage; prevents, to the extent possible using the best technology currently available, additional contribution of suspended solids to streamflow outside the permit area; and otherwise prevents water pollution. If drainage control, restabilization and revegetation of disturbed areas, diversion of runoff, mulching, or other reclamation and remedial practices are not adequate to meet the requirements of this section and 4VAC25-130-817.42, the permittee shall use and maintain the necessary water-treatment facilities or water quality controls.

(2) Surface water quantity and flow rates shall be protected by handling earth materials and runoff in accordance with the steps outlined in the plan approved under 4VAC25-130-784.14(g).

(e) Surface water monitoring.

(1) Surface water monitoring shall be conducted according to the surface water monitoring plan approved under 4VAC25-130-784.14(i). The division may require additional monitoring when necessary.

(2) Surface water monitoring data shall be submitted every three months to the division or more frequently as prescribed by the division. Monitoring reports shall include analytical results from each sample taken during the reporting period. When the analysis of any surface water sample indicates noncompliance with the permit conditions, the permittee shall promptly notify the division and immediately take the actions provided for in 4VAC25-130-773.17(e) and 4VAC25-130-784.14(g). Reporting shall be in accordance with the National Pollutant Discharge Elimination System (NPDES) permit requirements.

(3) Surface water monitoring shall proceed through mining and continue during reclamation until bond release. Consistent with 4VAC25-130-774.13, the division may modify the monitoring requirements, in accordance with the NPDES permit, including the parameters covered and sampling frequency, if the permittee demonstrates, using the monitoring data obtained under this subdivision, that

(ii) Monitoring is no longer necessary to achieve the purposes set forth in the monitoring plan approved under 4VAC25-130-784.14(i).

(f) Acid- and toxic-forming materials.

(1) Drainage from acid- and toxic-forming materials and underground development waste into surface water and ground water shall be avoided by:

(2) Storage, burial or treatment practices shall be consistent with other material handling and disposal provisions of this chapter.

(g) Transfer of wells. Before final release of bond, exploratory or monitoring wells shall be sealed in a safe and environmentally sound manner in accordance with 4VAC25-130-817.13 and 4VAC25-130-817.15. With the prior approval of the division, wells may be transferred to another party, or retained by the permittee for further use. However, at a minimum, the conditions of such transfer shall comply with state and local laws and the permittee shall remain responsible for the proper management of the well until bond release in accordance with 4VAC25-130-817.13 through 4VAC25-130-817.15.

(h) Discharges into an underground mine.

(1) Discharges into an underground mine are prohibited, unless specifically approved by the division after a demonstration that the discharge will:

(i) Minimize disturbance to the hydrologic balance on the permit area, prevent material damage outside the permit area and otherwise eliminate public hazards resulting from underground mining activities;

(ii) Not result in a violation of applicable water quality standards or effluent limitations;

(iii) Be at a known rate and quality which shall meet the effluent limitations of 4VAC25-130-817.42 for pH and total suspended solids, except that the pH and total suspended solids limitations may be exceeded, if approved by the division; and

(iv) Meet with the approval of the Mine Safety and Health Administration.

(2) Discharges shall be limited to the following:

(i) Water;

(ii) Coal-processing waste;

(iii) Fly ash from a coal-fired facility;

(iv) Sludge from an acid-mine drainage treatment facility;

(v) Flue-gas desulfurization sludge;

(vi) Inert materials used for stabilizing underground mines; and

(vii) Underground mine development wastes.

(3) Water from one underground mine may be diverted into other underground workings according to the requirements of this section.

(i) Gravity discharges from underground mines.

(1) Surface entries and accesses to underground workings shall be located and managed to prevent or control gravity discharge of water from the mine. Gravity discharges of water from an underground mine, other than a drift mine subject to subdivision (i)(2) of this section, may be allowed by the division if it is demonstrated that the untreated or treated discharge complies with the performance standards of this part and any additional NPDES permit requirements.

(2) Notwithstanding anything to the contrary in subdivision (i)(1) of this section, the surface entries and accesses of drift mines first used after December 15, 1981, or the implementation of a federal lands program in accordance with Part 740 of this chapter, and located in acid-producing or iron-producing coal seams shall be located in such a manner as to prevent any gravity discharge from the mine.

(3) Except where surface entries and accesses to underground workings are located pursuant to subdivision (i)(1) of this section, an unmined barrier of coal shall be left in place where the coal seam dips toward the land surface. The unmined barrier and associated overburden shall be designed to prevent the sudden release of water that may accumulate in the underground workings.

(i) The applicant may demonstrate the appropriate barrier width and overburden height by either:

(A) Providing a site specific design, certified by a licensed professional engineer, which considers the overburden and barrier characteristics; or

(B) Providing the greater of an unmined horizontal barrier width necessary to leave a minimum of 100 feet of vertical overburden, or an unmined barrier width calculated by the formula: W=50 + H, when W is the minimum width in feet and H is the calculated hydrostatic head in feet.

(ii) An exception to the barrier requirement may be approved provided the division finds, based upon the geologic and hydrologic conditions, an accumulation of water in the underground workings cannot reasonably be expected to occur or other measures taken by the applicant are adequate to prevent the accumulation of water.

(j) Drinking, domestic or residential water supply. The permittee must promptly replace any drinking, domestic or residential water supply that is contaminated, diminished or interrupted by underground mining activities conducted after October 24, 1992, if the affected well or spring was in existence before the date the division received the permit application for the activities causing the loss, contamination or interruption. The baseline hydrologic information required in 4VAC25-130-784.14 and the geologic information concerning baseline hydrologic conditions required in 4VAC25-130-784.22 will be used to determine the impact of mining activities upon the water supply.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.41, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 13, Issue 11, eff. March 19, 1997; Volume 14, Issue 5, eff. December 24, 1997.

4VAC25-130-817.42 Hydrologic balance; water quality standards and effluent limitations

Discharges of water from areas disturbed by underground mining activities shall be made in compliance with all applicable State and Federal water quality laws, standards and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection Agency set forth in 40 CFR 434.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.42, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.43 Diversions

(a) General requirements.

(1) With the approval of the division, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of 4VAC25-130-817.46 for siltation structure removal, may be diverted from disturbed areas by means of temporary or permanent diversions. All diversions shall be designed to minimize adverse impacts to the hydrologic balance within the permit and adjacent areas, to prevent material damage outside the permit area and to assure the safety of the public. Diversions shall not be used to divert water into underground mines without approval of the division in accordance with 4VAC25-130-817.41(h).

(2) The diversion and its appurtenant structures shall be designed, located, constructed, and maintained to-

(i) Be stable;

(ii) Provide protection against flooding and resultant damage to life and property;

(iii) Prevent, to the extent possible using the best technology currently available, additional contributions of suspended solids to streamflow outside the permit area; and

(iv) Comply with all applicable local, State, and Federal laws and regulations.

(3) Temporary diversions shall be removed when no longer needed to achieve the purpose for which they were authorized. The land disturbed by the removal process shall be restored in accordance with this Part. Before diversions are removed, downstream water treatment facilities previously protected by the diversion shall be modified or removed, as necessary to prevent overtopping or failure of the facilities. This requirement shall not relieve the permittee from maintaining water treatment facilities as otherwise required. A permanent diversion or a stream channel reclaimed after the removal of a temporary diversion shall be designed and constructed so as to restore or approximate the premining characteristics of the original stream channel including the natural riparian vegetation to promote the recovery and the enhancement of the aquatic habitat.

(5) Channel side slopes shall be no steeper than 1.5h:1v in soil.

(7) When rock rip rap lining is used, consideration shall be given to rip rap size, bedding, and filter material. Rock used for rip rap shall be non-degradable, and non-acid forming such as natural sand and gravel, sandstone or limestone. No clay, shale, or coal shall be used.

(8) Sediment and other debris shall be removed and the diversion maintained to provide the design requirements throughout its operation.

(9) The division may specify other criteria for diversions to meet the requirements of this section.

(b) Diversion of perennial and intermittent streams.

(1) Diversion of perennial and intermittent streams within the permit area may be approved by the division after making the finding relating to stream buffer zones called for in 4VAC25-130-817.57 that the diversions will not adversely affect the water quantity and quality and related environmental resources of the stream.

(2) The design, location, construction, maintenance, and removal of diversions of miscellaneous flows shall meet all of the performance standards set forth in Paragraph (a) of this section.

(d) Steep slope water conveyances.

(2) The capacity of the conveyance shall be equal to or greater than the capacity of the inlet ditch or drainage structure associated with it.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.43, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-817.45 Hydrologic balance; sediment control measures

(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to:

(1) Prevent, to the extent possible, additional contributions of sediment to stream flow or to runoff outside the permit area;

(2) Meet the more stringent of applicable State or Federal effluent limitations;

(3) Minimize erosion to the extent possible.

(b) Sediment control measures include practices carried out within and adjacent to the disturbed area. The sedimentation storage capacity of practices in and downstream from the disturbed areas shall reflect the degree to which successful mining and reclamation techniques are applied to reduce erosion and control sediment. Sediment control measures consist of the utilization of proper mining and reclamation methods and sediment control practices, singly or in combination. Sediment control methods include but are not limited to-

(1) Disturbing the smallest practicable area at any one time during the mining operation through progressive backfilling, grading, and prompt revegetation as required in 4VAC25-130-817.111(b);

(2) Stabilizing the backfilled material to promote a reduction of the rate and volume of runoff in accordance with the requirements of 4VAC25-130-817.102;

(3) Retaining sediment within disturbed areas;

(4) Diverting runoff away from disturbed areas;

(5) Diverting runoff using protected channels or pipes through disturbed areas so as not to cause additional erosion;

(6) Using straw dikes, riprap, check dams, mulches, vegetative sediment filters, dugout ponds, and other measures that reduce overland flow velocity, reduce runoff volume, or trap sediment;

(7) Treating with chemicals; and

(8) Treating mine drainage in underground sumps.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.45, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.46 Hydrologic balance; siltation structures

(a) For the purposes of this section only "disturbed area" shall not include those areas—

(1) In which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with this Part; and

(2) For which the upstream area is not otherwise disturbed by the operator.

(b) General requirements.

(1) Additional contributions of suspended solids and sediment to streamflow or runoff outside the permit area shall be prevented to the extent possible using the best technology currently available.

(2) All surface drainage from the disturbed area shall be passed through a siltation structure before leaving the permit area, except as provided in paragraph (b)(5) or (e) of this section.

(3) Siltation structures for an area shall be constructed before beginning any underground mining activities in that area and, upon construction, shall be certified by a qualified registered professional engineer to be constructed as designed and as approved in the reclamation plan.

(4) Any siltation structure which impounds water shall be designed, constructed and maintained in accordance with 4VAC25-130-817.49.

(6) When the siltation structure is removed, any embankment material and all accumulated sediment shall be placed in designated disposal areas, and the land on which the siltation structure was located shall be regraded and revegetated in accordance with the reclamation plan and 4VAC25-130-817.111 through 4VAC25-130-817.116. Sedimentation ponds approved by the division for retention as permanent impoundments may be exempted from this requirement.

(7) Any point source discharge of water from underground workings to surface waters which does not meet the effluent limitations of 4VAC25-130-817.42 shall be passed through a siltation structure before leaving the permit area.

(1) Sedimentation ponds, when used, shall—

(i) Be used individually or in series;

(ii) Be located as near as possible to the disturbed area and out of perennial streams unless such location is approved by the division; and

(iii) Be designed, constructed, and maintained to—

(A) Provide adequate sediment storage volume and provide adequate detention time to allow the effluent from the ponds to meet state and federal effluent limitations;

(C) Treat the 10-year, 24-hour precipitation event ("design event") unless a lesser design event is approved by the division based on terrain, climate, other site specific conditions and on a demonstration by the permittee that the effluent limitations of 4VAC25-130-817.42 will be met;

(D) Provide a nonclogging dewatering device adequate to maintain the detention time required under paragraphs (c)(1)(iii)(A) and (B) of this section;

(E) Minimize, to the extent possible, short circuiting;

(G) Ensure against excessive settlement;

(H) Be free of sod, large roots, frozen soil, and acid- or toxic-forming coal-processing waste; and

(I) Be compacted properly.

(2) Spillways. A sedimentation pond shall include either a combination of principal and emergency spillways or a single spillway configured as specified in 4VAC25-130-817.49(a)(9).

(d) Other treatment facilities.

(2) Other treatment facilities shall be designed in accordance with the applicable requirements of paragraph (c) of this section.

(e) Exemptions. Exemptions to the requirements of this section may be granted if—

(1) The disturbed drainage area within the total disturbed area is small; and

(2) The permittee demonstrates that siltation structures and alternate sediment control measures are not necessary for drainage from the disturbed area to meet the effluent limitations under 4VAC25-130-817.42 and the applicable state and federal water quality standards for the receiving waters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.46, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-817.47 Hydrologic balance; discharge structures

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.47, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.49 Impoundments

(a) General requirements. The requirements of this subsection apply to both temporary and permanent impoundments.

(1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 1985), "Earth Dams and Reservoirs," 1985 shall comply with "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 and the requirements of this section. The technical release is hereby incorporated by reference. Copies may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161, Order No. PB87-157509/AS. Copies can be inspected at the OSM Headquarters Office, Office of Surface Mining Reclamation and Enforcement, Administrative Record, Room 660, 800 North Capitol Street, Washington, D.C. or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington D.C.

(2) An impoundment meeting the size or other criteria of 30 CFR 77.216(a) shall comply with the requirements of 30 CFR 77.216 and this section.

(3) Design certification. The design of impoundments shall be certified by a qualified registered professional engineer as designed to meet the requirements of this Part using current, prudent engineering practices and any other criteria established by the division. The qualified registered professional engineer shall be experienced in the design and construction of impoundments.

(4) Stability.

(i) An impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall have a minimum static safety factor of 1.5 for a normal pool with steady state seepage saturation conditions, and a seismic safety factor of at least 1.2.

(5) Freeboard. Impoundments shall have adequate freeboard to resist overtopping by waves and by sudden increases in storage volume. The minimum freeboard shall be one foot. Impoundments meeting the SCS Class B or C criteria for dams in TR-60 shall comply with the freeboard hydrograph criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60.

(6) Foundation.

(i) Foundations and abutments for an impounding structure shall be stable during all phases of construction and operation and shall be designed based on adequate and accurate information on the foundation conditions. For an impoundment meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a), foundation investigations, as well as any necessary laboratory testing of foundation material shall be performed to determine the design requirements for foundation stability.

(7) Slope protection. Slope protection shall be provided to protect against surface erosion at the site and protect against sudden drawdown.

(i) (A) The division may approve a single open-channel spillway that is:

(1) Of nonerodible construction and designed to carry sustained flows; or

(2) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected.

(ii) Except as specified in paragraph (c)(2) of this section, the required design precipitation event for an impoundment meeting the spillway requirements of paragraph (a)(9) of this section is:

(A) For an impoundment meeting the SCS Class B or C criteria for dams in TR-60, the emergency spillway hydrologic criteria in the "Minimum Emergency Spillway Hydrologic Criteria" table in TR-60 or greater event as specified by the division.

(B) For an impoundment meeting or exceeding the size or other criteria of 30 CFR 77.216(a), a 100-year six-hour event, or greater event as specified by the division.

(C) For an impoundment not included in paragraphs (a)(9)(ii)(A) and (B) of this section, a 25-year six-hour event, or greater event as specified by the division.

(i) Inspections shall be made regularly during construction, upon completion of construction, and at least yearly until removal of the structure or release of the performance bond.

(ii) The qualified registered professional engineer shall, within two weeks after each inspection required in paragraph (a)(10)(i) of this section, provide to the division, a certified report that the impoundment has been constructed and/or maintained as designed and in accordance with the approved plan and this chapter. Construction certified in previous reports need not be recertified after each annual inspection. The report shall include discussion of any appearance of instability, structural weakness or other hazardous condition, depth and elevation of any impounded waters, existing storage capacity, any existing or required monitoring procedures and instrumentation, and any other aspects of the structure affecting stability.

(iii) A copy of the report shall be retained at or near the minesite.

(11) Examinations. Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size of other criteria of 30 CFR 77.216 must be examined in accordance with 30 CFR 77.216-3. Impoundments not meeting the SCS Class B or C criteria for dams in TR-60, or subject to 30 CFR 77.216 shall be examined at least quarterly. A qualified person designated by the operator shall examine impoundments for appearance of structural weakness and other hazardous conditions.

(b) Permanent impoundments. A permanent impoundment of water may be created, if authorized by the division in the approved permit based upon the following demonstration:

(1) The size and configuration of such impoundment will be adequate for its intended purposes.

(3) The water level will be sufficiently stable and be capable of supporting the intended use.

(4) Final grading will provide for adequate safety and access for proposed water users.

(5) The impoundment will not result in the diminution of the quality and quantity of water utilized by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

(6) The impoundment will be suitable for the approved postmining land use.

(1) The division may authorize the construction of temporary impoundments as part of underground mining activities.

(2) In lieu of meeting the requirements in paragraph (a)(9)(i) of this section, the division may approve an impoundment that relies primarily on storage to control the runoff from the design precipitation event when it is demonstrated by the operator and certified by a qualified registered professional engineer or qualified registered professional land surveyor in accordance with 4VAC25-130-784.16(a) that the impoundment will safely control the design precipitation event, the water from which shall be safely removed in accordance with current, prudent, engineering practices. Such an impoundment shall be located where failure would not be expected to cause loss of life or serious property damage, except where:

(i) Impoundments meeting the SCS Class B or C criteria for dams in TR-60, or the size or other criteria of 30 CFR 77.216(a) shall be designed to control the precipitation of the probable maximum precipitation of a six-hour event, or greater event as specified by the division; or

(ii) Impoundments included in paragraph (c)(2)(i) of this section shall be designed to control the precipitation of a 100-year six-hour event, or greater event as specified by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.49, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995; Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-817.56 Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.56, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.57 Hydrologic balance; stream buffer zones

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the division specifically authorizes underground mining activities closer to, or through, such a stream. The division may authorize such activities only upon finding that -

(1) Underground mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards and will not adversely affect the water quantity and quality or other environmental resources of the stream; and

(2) If there will be a temporary or permanent stream channel diversion, it will comply with 4VAC25-130-817.43.

(b) The area not to be disturbed shall be designated a buffer zone, and the permittee shall mark it as specified in 4VAC25-130-817.11.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.57, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.59 Coal recovery

Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining operations is minimized.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.59, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.61 Use of explosives; general requirements

(a) Applicability. 4VAC25-130-817.61 through 4VAC25-130-817.68 apply to surface blasting activities incident to underground coal mining, including, but not limited to, initial rounds of slopes and shafts.

(b) Compliance with other laws. Each permittee shall comply with all applicable State and Federal laws and regulations in the use of explosives.

(1) All surface blasting operations incident to underground mining in the State shall be conducted under the direction of a certified blaster certified in accordance with Part 850.

(2) Certificates of blaster certification shall be carried by blasters or shall be on file at the permit area during blasting operations.

(3) A blaster and at least one other person shall be present at the firing of a blast.

(4) Persons responsible for blasting operations at a blasting site shall be familiar with the blasting plan and site-specific performance standards.

(d) Blast design.

(1) An anticipated blast design shall be submitted if blasting operations will be conducted within-

(i) 1,000 feet of any building used as a dwelling, public building, school, church or community or institutional building; or

(ii) 500 feet of active or abandoned underground mines.

(2) The blast design may be presented as part of a permit application or at a time, before the blast, proposed in the application and approved by the division.

(4) The blast design shall be prepared and signed by a certified blaster.

(5) The division may require changes to the design submitted.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.61, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.62 Use of explosives; preblasting survey

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.62, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.64 Use of explosives; general performance standards

(a) The permittee shall notify, in writing, residents within 1/2 mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than 24 hours before blasting will occur.

(b) Unscheduled blasts may be conducted only where public or permittee health and safety so requires and for emergency blasting actions. When a permittee conducts an unscheduled surface blast incidental to underground coal mining operations, the permittee, using audible signals, shall notify residents within 1/2 mile of the blasting site and document the reason in accordance with 4VAC25-130-817.68 (p).

(c) All blasting shall be conducted during daylight hours. The division may specify more restrictive time periods for blasting.

(d) Seismic monitoring shall be conducted when blasting operations on coal surface mining operations are conducted within 1,000 feet of a private dwelling or other occupied building.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.64, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-817.66 Use of explosives; blasting signs, warnings, and access control

(a) Blasting signs. Blasting signs shall meet the specifications of 4VAC25-130-817.11.

(1) No unusual hazards, such as imminent slides or undetonated charges, exist; and

(2) Access to and travel within the blasting area can be safely resumed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.66, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.67 Use of explosives; control of adverse effects

(b) Airblast.

(1) Limits.

| | Lower frequency limit of measuring system, in Hz (+3 dB) | Maximum level, in dB | | --- | --- | --- | | | 0.1 Hz or lower - flat response¹ | 134 peak | | | 2 Hz or lower - flat response | 133 peak | | | 6 Hz or lower - flat response | 129 peak | | | C-weighted - slow response¹ | 105 peak dBC | | | ¹Only when approved by the division | |

(ii) If necessary to prevent damage, the division may specify lower maximum allowable airblast levels than those of Paragraph (b)(1)(i) of this section for use in the vicinity of a specific blasting operation.

(2) Monitoring.

(ii) The measuring systems used shall have an upper-end flat-frequency response of at least 200 Hz.

(1) More than one-half the distance to the nearest dwelling or other occupied structure;

(2) Beyond the area of control required under 4VAC25-130-817.66(c); or

(3) Beyond the permit boundary.

(d) Ground vibration.

(1) General. In all blasting operations, except as otherwise authorized in Paragraph (e) of this section, the maximum ground vibration shall not exceed the values approved by the division. The maximum ground vibration for protected structures listed in Paragraph (d)(2)(i) of this section shall be established in accordance with either the maximum peak-particle- velocity limits of Paragraph (d)(2), the scaled-distance equation of Paragraph (d)(3), the blasting-level chart of Paragraph (d)(4), or by the division under Paragraph (d)(5) of this section. All structures in the vicinity of the blasting area, not listed in Paragraph (d)(2)(i) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the permittee and approved by the division before the initiation of blasting.

(2) Maximum peak-particle velocity.

| | Distance (D), from the blasting site, in feet | Maximum allowable peak particle velocity (Vmax) for ground vibration, in seismic inches/second¹ | Scaled distance factor to be applied without seismic monitoring²(D₅) | | --- | --- | --- | --- | | | 0 to 300 | 1.25 | 50 | | | 301 to 5,000 | 1.00 | 55 | | | 5,001 and beyond | 0.75 | 65 | | | ¹Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements. | | | | | ²Applicable to the scaled-distance equation of Paragraph (d)(3)(i) of this section. | | |

(ii) A seismographic record shall be provided for each blast.

(3) Scaled-distance equation.

(i) The permittee may use the scaled-distance equation, W=(D/Ds)², to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where W=the maximum weight of explosives, in pounds; D=the distance, in feet, from the blasting site to the nearest protected structure; and Ds=the scaled-distance factor, which may initially be approved by the division using the values for scaled-distance factor listed in Paragraph (d)(2)(i) of this section.

(4) Blasting-level chart.

(i) The permittee may use the ground vibration limits in Figure 1 to determine the maximum allowable ground vibration.

(5) The maximum allowable ground vibration shall be reduced by the division below the limits otherwise provided by this section, if determined necessary to provide damage protection.

(6) The division may require the permittee to conduct seismic monitoring of any or all blasts and may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(e) The maximum airblast and ground-vibration standards of Paragraphs (b) and (d) of this section shall not apply at the following locations:

(1) At structures owned by the permittee and not leased to another person.

(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the division before blasting.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.67, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.68 Use of explosives; records of blasting operations

The permittee shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be made available to the division and to the public for inspection. Such records shall contain the following data:

(a) Name of the permittee conducting the blast.

(b) Location, date, and time of the blast.

(e) Weather conditions, including those which may cause possible adverse blasting effects.

(f) Type of material blasted.

(g) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.

(h) Diameter and depth of holes.

(i) Types of explosives used.

(j) Total weight of explosives used per hole.

(k) The maximum weight of explosives detonated in an 8-millisecond period.

(l) Initiation system.

(m) Type and length of stemming.

(n) Mats or other protections used.

(o) Seismographic and airblast records, if required, which shall include-

(1) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;

(2) Exact location of instrument and the date, time, and distance from the blast;

(3) Name of the person and firm taking the reading;

(4) Name of the person and firm analyzing the seismographic record; and

(5) The vibration and/or airblast level recorded.

(p) Reasons and conditions for each unscheduled blast.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.68, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.71 Disposal of excess spoil; general requirements

(a) General. Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to-

(1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters;

(2) Ensure mass stability and prevent mass movement during and after construction; and

(3) Ensure that the final fill is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use.

(b) Design certification.

(2) The fill shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments of the fill must be stable under all conditions of construction.

(d) Foundation.

(2) When the slope in the disposal area is in excess of 2.8h:1v (36 percent), or such lesser slope as may be designated by the division based on local conditions, keyway cuts (excavations to stable bedrock) or rock toe buttresses shall be constructed to ensure stability of the fill. Where the toe of the spoil rests on a downslope, stability analyses shall be performed in accordance with 4VAC25-130-784.19 to determine the size of rock toe buttresses and keyway cuts.

(e) Placement of excess spoil.

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4VAC25-130-817.22. If approved by the division, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(2) Excess spoil shall be transported and placed in a controlled manner in horizontal lifts not exceeding 4 feet in thickness; concurrently compacted as necessary to ensure mass stability and to prevent mass movement during and after construction; graded so that surface and subsurface drainage is compatible with the natural surroundings; and covered with topsoil or substitute material in accordance with 4VAC25-130-817.22. The division may approve a design which incorporates placement of excess spoil in horizontal lifts greater than 4 feet in thickness when it is demonstrated by the permittee and certified by a qualified registered professional engineer that the design will ensure the stability of the fill and will meet all other applicable requirements.

(5) Excess spoil that is acid- or toxic-forming or combustible shall be adequately covered with nonacid, nontoxic and noncombustible material, or treated, to control the impact on surface and ground water in accordance with 4VAC25-130-817.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use.

(f) Drainage control.

(2) Diversions shall comply with the requirements of 4VAC25-130-817.43.

(3) Underdrains shall consist of durable rock or pipe, be designed and constructed using current, prudent engineering practices and any design criteria established by the division as necessary to achieve the standards of this Part. The underdrain system shall be designed to carry the anticipated seepage of water due to rainfall away from the excess spoil fill and from seeps and springs in the foundation of the disposal area and shall be protected from piping and contamination by an adequate filter. Rock underdrains shall be constructed of durable, nonacid-, nontoxic-forming rock (e.g., natural sand and gravel, sandstone, limestone, or other durable rock) that does not slake in water or degrade to soil material, and which is free of coal, clay or other nondurable material. Perforated pipe underdrains shall be corrosion resistant and shall have characteristics consistent with the long-term life of the fill.

(h) Inspections. A qualified registered professional engineer or other qualified professional specialist under the direction of the professional engineer, shall periodically inspect the fill during construction. The professional engineer and specialist shall be experienced in the construction of earth and rock fills.

(ii) Where excess durable rock spoil is placed in single or multiple lifts such that the underdrain system is constructed simultaneously with excess spoil placement by the natural segregation of dumped materials, in accordance with 4VAC25-130-817.73, color photographs shall be taken of the underdrain as the underdrain system is being formed.

(4) A copy of each inspection report shall be retained at or near the mine site.

(i) Coal mine waste. Coal mine waste may be disposed of in excess spoil fills if approved by the division and, if such waste is-

(1) Placed in accordance with 4VAC25-130-817.83;

(2) Nontoxic and nonacid forming; and

(3) Of the proper characteristics to be consistent with the design stability of the fill.

(j) Underground disposal. Excess spoil may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4VAC25-130-784.25.

(k) Face-up operations. Spoil resulting from face-up operations for underground coal mine development may be placed at drift entries as part of a cut and fill structure, if the structure is less than 400 feet in horizontal length, and designed in accordance with 4VAC25-130-817.71.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.71, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.72 Disposal of excess spoil; valley fills/head-of-hollow fills

Valley fills and head-of-hollow fills shall meet the requirements of 4VAC25-130-817.71 and the additional requirements of this section.

(a) Drainage control.

(2) Runoff from areas above the fill and runoff from the surface of the fill shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-817.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction provided that erosion is minimized and no threat to the public or the environment results.

(3)(i) A subdrainage system, constructed in accordance with 4VAC25-130-817.71(f)(3), shall be installed along the natural drainage system, extending from the toe to the head of the fill. The division may approve a lesser distance provided the standards of 4VAC25-130-817.71(f)(3) are met. A system of lateral underdrains shall connect this core to each area of potential drainage or seepage in the disposal area.

(ii) A filter system to ensure the proper long-term functioning of the subdrainage system shall be designed and constructed using current, prudent engineering practices.

(iii) The minimum size of the main underdrain shall be:

| | Total Amount of Fill Material | Predominant Type of Fill | Minimum Size of Drain, in Feet | | | | --- | --- | --- | --- | --- | --- | | Width | Height | | | | | | | Less than 1,000,000 Cubic Yards | | | | | | | | Do: | Sandstone | 10 | 4 | | | | Shale | 16 | 8 | | | | More than 1,000,000 Cubic Yards | | | | | | | | Do: | Sandstone | 16 | 8 | | | | Shale | 16 | 16 | |

(iv) No more than 10 percent of the rock used in the underdrains may be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain.

(2) A filter system to ensure the proper long-term functioning of the rock core shall be designed and constructed using current, prudent engineering practices.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.72, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.73 Disposal of excess spoil; durable rock fills

The division may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met:

(a) Except as provided in this section, the requirements of 4VAC25-130-817.71 are met.

(b) The excess spoil consists of at least 80 percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g., sandstone or limestone) that does not slake in water and will not degrade to soil material. Where used, noncemented clay shale, clay spoil, soil or other nondurable excess spoil material shall be mixed with excess durable rock spoil in a controlled manner such that no more than 20 percent of the fill volume, as determined by tests performed by a registered engineer and approved by the division, is not durable rock.

(c) A qualified registered professional engineer certifies that the design will ensure the stability of the fill and meet all other applicable requirements.

(d) The fill is designed to attain a minimum long-term static safety factor of 1.5, and an earthquake safety factor of 1.1.

(f) Surface water runoff from areas adjacent to and above the fill is not allowed to flow onto the fill and is diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-817.43 and to safely pass the runoff from a 100-year, 6-hour precipitation event. The appropriate surface drainage system shall be installed prior to placement of excess spoil in the fill area. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.73, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.74 Disposal of excess spoil; preexisting benches

(a) The division may approve the disposal of excess spoil through placement on preexisting benches if the affected portion of the preexisting bench is permitted and the standards set forth in 4VAC25-130-817.102(c), (e) through (h) and (j) and the requirements of this section are met.

(b) All vegetation and organic materials shall be removed from the affected portion of the preexisting bench prior to placement of the excess spoil. Any available topsoil on the bench shall be removed, stored, and redistributed in accordance with 4VAC25-130-817.22. Substitute or supplemental materials may be used in accordance with 4VAC25-130-817.22(b).

(c) The fill shall be designed and constructed using current, prudent engineering practices. The design will be certified by a registered professional engineer. The spoil shall be placed on the solid portion of the bench in a controlled manner and concurrently compacted as necessary to attain a long-term safety factor of 1.3 for all portions of the fill. Any spoil deposited on any fill portion of the bench will be treated as excess spoil fill under 4VAC25-130-817.71.

(d) The preexisting bench shall be backfilled and graded to—

(1) Achieve the most moderate slope possible which does not exceed the angle of repose;

(2) Eliminate the highwall to the maximum extent technically practical;

(3) Minimize erosion and water pollution both on and off the site; and

(4) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, the fill design shall include diversions and underdrains as necessary to control erosion, prevent water infiltration into the fill, and ensure stability.

(e) All disturbed areas, including diversion channels that are not riprapped or otherwise protected, shall be revegetated upon completion of construction.

(f) Permanent impoundments may not be constructed on preexisting benches backfilled with excess spoil under this regulation.

(g) Final configuration of the backfill must be compatible with the natural drainage patterns and the surrounding area, and support the approved postmining land use.

(h) Disposal of excess spoil from an upper actively mined bench to a lower preexisting bench by means of gravity transport may be approved by the division provided that—

(4) Excess spoil shall not be allowed on the downslope below the upper bench except on designated gravity transport courses properly prepared according to 4VAC25-130-817.22. Upon completion of the fill, no excess spoil shall be allowed to remain on the designated gravity transport course between the two benches and each transport course shall be reclaimed in accordance with the requirements of this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.74, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-817.75 Disposal of excess spoil; zoned concept

The disposal of spoil under the zoned concept shall meet the requirements of 4VAC25-130-817.71 and the additional requirements of this section.

(b) The fill shall be designed to attain a long-term minimum safety factor of 1.5 under static loading conditions and 1.1 under earthquake loading conditions.

(c) All vegetative and organic material and topsoil in the structural and nonstructural zones shall be removed from the disposal area prior to placement of excess spoil. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4VAC25-130-817.22. If approved by the division, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation, or increase the moisture retention of the soil.

(d) Excess spoil shall be transported and placed in a specified controlled manner as follows:

(2) Nonstructural zone. In the nonstructural zone, the spoil shall be placed in a controlled manner to avoid contamination of the internal drainage system and to ensure mass stability and prevent mass movement, to provide for the safety of persons on or near the fill, and to provide mass stability and prevent mass movement during construction. The extent of this zone shall be determined by accepted engineering analyses. The temporary outside slope of the nonstructural zone shall not exceed the angle of repose and the height of the nonstructural zone shall be limited to a height determined not to pose an actual or probable hazard to property, public health and safety, or the environment in the event of failure during construction.

(e) In addition to the inspection requirements of 4VAC25-130-817.71(h), regular inspections by the engineer or specialist shall be conducted during placement and compaction of fill materials in both the structural and non-structural zones.

(f) The design of the fill shall include an internal drainage system which will ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps.

(3) A filter system shall be included to insure proper functioning of the underdrain system. This filter shall be designed and constructed using current geotechnical engineering methods.

(4) In constructing the underdrains, no more than 10 percent of the rock shall be less than 12 inches in size and no single rock may be larger than 25 percent of the width of the drain.

(5) The drain size shall be designed to safely route the anticipated seepage flows. Minimum drain sizes shall be six feet wide and two feet high.

(6) Prior to placing the underdrain materials, all vegetation and topsoil shall be removed.

(7) The internal drainage system shall be designed to assure that the phreatic surface within the structural zone is controlled.

(8) The internal drainage system shall be designed to prevent channeling of surface runoff through the underdrains.

(g) Surface water runoff from the area above the fill shall be diverted away from the fill and into stabilized diversion channels designed to pass safely the runoff from a 100-year, 6-hour precipitation event or larger event specified by the division. Runoff from the fill surface shall be diverted to stabilized channels which will safely pass the runoff from a 100-year, 6-hour precipitation event. Diversion design shall comply with the requirements of 4VAC25-130-817.43. Temporary diversions may be approved by the division for use during fill construction, provided that erosion is minimized and no threat to the public or the environment results.

(h) The top surface of the fill and any terrace constructed shall be graded such that the final slope after settlement shall be toward properly designed drainage channels. The maximum slope of the top of the fill shall be 20h:1v (5.0%). The vertical distance between terraces shall not exceed 50 feet.

(j) The outslope of the completed fill shall not exceed an overall slope of 1v:2h. The division may require a flatter slope.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.75, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.76 Disposal of excess spoil; incidental reclamation

(1) Another area under a permit issued pursuant to the Act, or

(2) On abandoned mine lands under a contract for reclamation according to the AML Guidelines and approved by the Division of Mined Land Reclamation.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.76, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.81 Coal mine waste; general requirements

(1) Minimize adverse effects of leachate and surface-water runoff on surface and ground water quality and quantity;

(2) Ensure mass stability and prevent mass movement during and after construction;

(3) Ensure that the final disposal facility is suitable for reclamation and revegetation compatible with the natural surroundings and the approved postmining land use;

(4) Not create a public hazard; and

(5) Prevent combustion.

(b) Waste from other areas. Coal mine waste materials from activities located outside a permit area may be disposed of in the permit area only if approved by the division. Approval shall be based upon a showing that such disposal will be in accordance with the standards of this section.

(1) The disposal facility shall be designed using current, prudent engineering practices and any criteria established by the division as necessary to achieve the standards of this Part. A qualified registered professional engineer, experienced in the design of similar earth and waste structures, shall certify the design of the disposal facility.

(2) The disposal facility shall be designed to attain a minimum long-term static safety factor of 1.5. The foundation and abutments must be stable under all conditions of construction.

(f) Underground disposal. Coal mine waste may be disposed of in underground mine workings, but only in accordance with a plan approved by the division and MSHA under 4VAC25-130-784.25.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.81, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-817.83 Coal mine waste; refuse piles

Refuse piles shall meet the requirements of 4VAC25-130-817.81, the additional requirements of this section, and the requirements of 30 CFR 77.214 and 77.215.

(a) Drainage control.

(2) Uncontrolled surface drainage may not be diverted over the outslope of the refuse pile. Runoff from areas above the refuse pile and runoff from the surface of the refuse pile shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-817.43 to safely pass the runoff from a 100-year, 6-hour precipitation event. Runoff diverted from undisturbed areas need not be commingled with runoff from the surface of the refuse pile. The appropriate surface drainage system shall be installed prior to placement of coal mine waste in the disposal area.

(3) Underdrains shall comply with the requirements of 4VAC25-130-817.71(f)(3).

(1) All vegetative and organic materials shall be removed from the disposal area prior to placement of coal mine waste. Topsoil shall be removed, segregated and stored or redistributed in accordance with 4VAC25-130-817.22. If approved by the division, organic material may be used as mulch or may be included in the topsoil to control erosion, promote growth of vegetation or increase the moisture retention of the soil.

(1) Such inspections shall be made at least quarterly throughout construction and during critical construction periods. Critical construction periods shall include at a minimum: (i) Foundation preparation including the removal of all organic material and topsoil; (ii) placement of underdrains and protective filter systems; (iii) installation of final surface drainage systems; and (iv) the final graded and revegetated facility. Regular inspections by the engineer or specialist shall also be conducted during placement and compaction of coal mine waste materials. More frequent inspections shall be conducted if a danger of harm exists to the public health and safety or the environment. Inspections shall continue until the refuse pile has been finally graded and revegetated or until a later time as required by the division.

(4) A copy of each inspection report shall be retained at or near the minesite.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.83, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.84 Coal mine waste; impounding structures

New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of 4VAC25-130-817.81 and the additional requirements of this section.

(b)(1) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste shall be designed, constructed and maintained in accordance with 4VAC25-130-817.49(a) and (c). Such structures may not be retained permanently as part of the approved postmining land use.

(2) Each impounding structure constructed of coal mine waste or intended to impound coal mine waste that meets the criteria of 30 CFR 77.216(a) shall have sufficient spillway capacity to safely pass, adequate storage capacity to safely contain or a combination of storage capacity and spillway capacity to safely control, the probable maximum precipitation of a 6-hour precipitation event, or greater event as specified by the division.

(c) Spillways and outlet works shall be designed to provide adequate protection against erosion and corrosion. Inlets shall be protected against blockage.

(d) Drainage control. Runoff from areas above the disposal facility or runoff from the surface of the facility that may cause instability or erosion of the impounding structure shall be diverted into stabilized diversion channels designed to meet the requirements of 4VAC25-130-817.43 and designed to safely pass the runoff from a 100-year, 6-hour design precipitation event.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.84, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.87 Coal mine waste; burning and burned waste utilization

(b) No burning or unburned coal mine waste shall be removed from a permitted disposal area without a removal plan approved by the division. Consideration shall be given to potential hazards to persons working or living in the vicinity of the structure.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.87, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.89 Disposal of noncoal mine wastes

(b) Final disposal of noncoal mine wastes shall be in a designated disposal site in the permit area or a state-approved solid waste disposal area. Disposal sites in the permit area shall be designed and constructed to ensure that leachate and drainage from the noncoal mine waste area does not degrade surface or underground water. Wastes shall be routinely compacted and covered to prevent combustion and wind-borne waste. When the disposal is completed, a minimum of two feet of soil cover shall be placed over the site, slopes stabilized, and revegetation accomplished in accordance with 4VAC25-130-817.111 through 4VAC25-130-817.116. Operation of the disposal site shall be conducted in accordance with all local, state, and federal requirements.

(c) At no time shall any noncoal mine waste be deposited in a refuse pile or impounding structure, nor shall a noncoal mine waste disposal site be located within 8 feet of any coal outcrop or coal storage area.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.89, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-817.95 Stabilization of surface areas

(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.95, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.97 Protection of fish, wildlife, and related environmental values

(b) Endangered and threatened species. No underground mining activity shall be conducted which is likely to jeopardize the continued existence of endangered or threatened species listed by the United States Secretary of the Interior or which is likely to result in the destruction or adverse modification of designated critical habitats of such species in violation of the Endangered Species Act of 1973, as amended (16 USC § 1531 et seq.). The operator shall promptly report to the division any State or Federally listed endangered or threatened species within the permit area of which the operator becomes aware. Upon notification, the division shall consult with appropriate State and Federal fish and wildlife agencies and, after consultation, shall identify whether, and under what conditions, the operator may proceed.

(c) Bald and golden eagles. No underground mining activity shall be conducted in a manner which would result in the unlawful taking of a bald or golden eagle, its nest, or any of its eggs. The permittee shall promptly report to the division any golden or bald eagle nest within the permit area of which the permittee becomes aware. Upon notification, the division shall consult with the U.S. Fish and Wildlife Service and also, where appropriate, the State fish and wildlife agency and, after consultation, shall identify whether, and under what conditions, the permittee may proceed.

(e) Each permittee shall, to the extent possible using the best technology currently available--

(1) Ensure that electric powerlines and other transmission facilities used for, or incidental to, underground mining activities on the permit area are designed and constructed to minimize electrocution hazards to raptors, except where the division determines that such requirements are unnecessary;

(2) Locate and operate haul and access roads so as to avoid or minimize impacts on important fish and wildlife species or other species protected by State or Federal law;

(3) Design fences, overland conveyors, and other potential barriers to permit passage for large mammals, except where the division determines that such requirements are unnecessary; and

(4) Fence, cover, or use other appropriate methods to exclude wildlife from ponds which contain hazardous concentrations of toxic-forming materials.

(f) Wetlands and habitats of unusually high value for fish and wildlife. The permittee shall avoid disturbances to, enhance where practicable, restore, or replace, wetlands, and riparian vegetation along rivers and streams and bordering ponds and lakes. Underground mining activities shall avoid disturbances to, enhance where practicable, or restore, habitats of unusually high value for fish and wildlife.

(g) Where fish and wildlife habitat is to be a postmining land use, the plant species to be used on reclaimed areas shall be selected on the basis of the following criteria:

(1) Their proven nutritional value for fish or wildlife.

(2) Their use as cover for fish or wildlife.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.97, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.99 Slides and other damage

At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the division by the fastest available means and comply with any remedial measures required by the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.99, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.100 Contemporaneous reclamation

(a) General. Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all areas affected by surface impacts incident to an underground coal mine shall occur as contemporaneously as practicable with mining operations, except when such mining operations are conducted in accordance with a variance for concurrent surface and underground mining activities issued under 4VAC25-130-785.18.

(b) Timing of backfilling and grading.

(2) Open pit mining with thin overburden. Rough backfilling and grading shall occur in accordance with the time schedule approved by the division, on the basis of the materials submitted under 4VAC25-130-784.13(b)(3), which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.100, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.102 Backfilling and grading; general requirements

(a) Disturbed areas shall be backfilled and graded to:

(1) Achieve the approximate original contour, except as provided in subsection (k) of this section;

(2) Eliminate all highwalls, spoil piles, and depressions, except as provided in subsection (h) (small depressions) and in subdivision (k)(2) (previously mined highwalls) of this section;

(3) Achieve a postmining slope that does not exceed either the angle of repose or such lesser slope as is necessary to achieve a minimum long-term static safety factor of 1.3 and to prevent slides;

(4) Minimize erosion and water pollution both on and off the site; and

(5) Support the approved postmining land use.

(b) Spoil, except as provided in subsection (l) of this section, and except excess spoil disposed of in accordance with 4VAC25-130-817.71 through 4VAC25-130-817.75, shall be returned to the mined-out surface area.

(c) Spoil and waste materials shall be compacted where advisable to ensure stability or to prevent leaching of toxic materials.

(d) Spoil may be placed on the area outside the mined-out surface area in nonsteep slope areas to restore the approximate original contour by blending the spoil into the surrounding terrain if the following requirements are met:

(1) All vegetative and organic material shall be removed from the area.

(2) The topsoil on the area shall be removed, segregated, stored, and redistributed in accordance with 4VAC25-130-817.22.

(3) The spoil shall be backfilled and graded on the area in accordance with the requirements of this section.

(e) Disposal of coal processing waste and underground development waste in the mined-out surface area shall be in accordance with 4VAC25-130-817.81 and 4VAC25-130-817.83 as provided in subdivisions (1) and (2) of this subsection, except that a long-term static safety factor of 1.3 shall be achieved.

(1) Disposal of coal processing waste and underground development waste in the mined-out area to backfill disturbed areas shall be in accordance with 4VAC25-130-817.81.

(2) Disposal of coal processing waste and underground development waste in the mined-out area as a refuse pile and not to backfill disturbed areas shall be in accordance with 4VAC25-130-817.81 and 4VAC25-130-817.83. The division may approve a variance to 4VAC25-130-817.83 (a) (2) if the applicant demonstrates that the area above the refuse pile is small and that appropriate measures will be taken to direct or convey runoff across the surface area of the pile in a controlled manner.

(f) Exposed coal seams, acid- and toxic-forming materials, and combustible materials exposed, used, or produced during mining shall be covered with a minimum of four feet of nontoxic and noncombustible materials, or treated, to control the impact on surface and ground water in accordance with 4VAC25-130-817.41, to prevent sustained combustion, and to minimize adverse effects on plant growth and the approved postmining land use. Acid- and toxic-forming materials shall not be buried or stored in proximity to any drainage course.

(g) Cut-and-fill terraces may be allowed by the division where:

(1) Needed to conserve soil moisture, ensure stability, and control erosion on final-graded slopes, if the terraces are compatible with the approved postmining land use; or

(h) Small depressions may be constructed if they are needed to retain moisture, minimize erosion, create and enhance wildlife habitat, or assist revegetation.

(i) Permanent impoundments may be approved if they meet the requirements of 4VAC25-130-817.49 and 4VAC25-130-817.56 and if they are suitable for the approved postmining land use.

(j) Preparation of final-graded surfaces shall be conducted in a manner that minimizes erosion and provides a surface for replacement of topsoil that will minimize slippage.

(k) The postmining slope may vary from the approximate original contour when approval is obtained from the division for:

(1) A variance from approximate original contour requirements in accordance with 4VAC25-130-785.16; or

(2) Incomplete elimination of highwalls in previously mined areas in accordance with 4VAC25-130-817.106.

(l) Regrading of settled and revegetated fills to achieve approximate original contour at the conclusion of underground mining activities shall not be required if the conditions of subdivision (l)(1) or (l)(2) of this section are met.

(1) (i) Settled and revegetated fills shall be composed of spoil or non-acid- or non-toxic-forming underground development waste.

(ii) The spoil or underground development waste shall not be located so as to be detrimental to the environment, to the health and safety of the public, or to the approved postmining land use.

(iii) Stability of the spoil or underground development waste shall be demonstrated through standard geotechnical analysis to be consistent with backfilling and grading requirements for material on the solid bench (1.3 static safety factor) or excess spoil requirements for material not placed on a solid bench (1.5 static safety factor).

(iv) The surface of the spoil or underground development waste shall be vegetated according to 4VAC25-130-817.116, and surface runoff shall be controlled in accordance with 4VAC25-130-817.43.

(2) If it is determined by the division that disturbance of the existing spoil or underground development waste would increase environmental harm or adversely affect the health and safety of the public, the division may allow the existing spoil or underground development waste pile to remain in place. The division may require stabilization of such spoil or underground development waste in accordance with the requirements of subdivisions (l)(1)(i)-(l)(1)(iv) of this section.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.102, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 11, Issue 26, eff. October 18, 1995.

4VAC25-130-817.106 Backfilling and grading; previously mined areas

(a) Remining operations on previously mined areas that contain a preexisting highwall shall comply with the requirements of 4VAC25-130-817.102 through 4VAC25-130-817.107, except as provided in this section.

(b) The requirements of 4VAC25-130-817.102(a)(1) and (a)(2) requiring the elimination of highwalls shall not apply to remining operations where the volume of all reasonably available spoil is demonstrated in writing to the division to be insufficient to completely backfill the reaffected or enlarged highwall. The highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(2) The backfill shall be graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.

(5) Access roads shall be provided from the bench to the top of the highwall approximately every 2,500 feet. Access roads shall be constructed to allow access by 4-wheel drive vehicles.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.106, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.107 Backfilling and grading; steep slopes

(a) Underground mining activities on steep slopes shall be conducted so as to meet the requirements of 4VAC25-130-817.102 through 4VAC25-130-817.106 and the requirements of this section.

(b) The following materials shall not be placed or allowed to remain on the downslope:

(1) Spoil.

(2) Waste materials of any type.

(3) Debris, including that from clearing and grubbing.

(4) Abandoned or disabled equipment.

(ii) The backfilled area will not present any actual or probable hazard to public health and safety or the environment.

(iii) A system of underdrains is utilized to assure that the phreatic surface within the backfilled area is controlled. The underdrains shall be constructed of non-degradable, non-acidic or toxic-forming material such as natural sand and gravel, sandstone, or other durable rock that will not slake in water and which is essentially free of coal, clay, or shale. The internal drainage system must ensure continued free drainage of anticipated seepage from precipitation and from springs or wet weather seeps. The drain size shall be designed to safely route the anticipated seepage flows over the long term life of the backfilled area.

(f) Drainage channels or roads which are approved under 4VAC25-130-817.133 for the postmining land use and which are to be located in the uppermost portion of the backfilled area shall be approved by the division only upon a finding that the highwall shall be completely covered. The division may approve incorporating the drainage channel or road as an integral part of the backfilled area with the requirement to blend or shave the highwall into the natural terrain, if the standards of this section are satisfied.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.107, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.111 Revegetation; general requirements

(1) Diverse, effective, and permanent;

(2) Comprised of species native to the area, or of introduced species where desirable and necessary to achieve the approved postmining land use and approved by the division;

(3) At least equal in extent of cover to the natural vegetation of the area; and

(4) Capable of stabilizing the soil surface from erosion.

(b) The reestablished plant species shall--

(1) Be compatible with the approved postmining land use;

(2) Have the same seasonal characteristics of growth as the original vegetation;

(3) Be capable of self-regeneration and plant succession;

(4) Be compatible with the plant and animal species of the area; and

(5) Meet the requirements of applicable State and Federal seed, poisonous and noxious plant, and introduced species laws or regulations.

(d) When the division approves a cropland postmining land use, the division may grant exceptions to the requirements of Paragraphs (a)(1), (a)(3), (b)(2), and (b)(3) of this section. The requirements of Part 823 apply to areas identified as prime farmland.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.111, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.113 Revegetation; timing

When necessary to effectively control erosion, disturbed areas shall be planted, as contemporaneously as practicable with the completion of backfilling and grading, with a temporary cover of small grains, grasses, or legumes until a permanent cover is established.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.113, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.114 Revegetation; mulching and other soil stabilizing practices

Suitable mulch or other soil stabilizing practices shall be used on all areas that have been regraded and covered by topsoil or topsoil substitutes. The division may waive this requirement if seasonal, soil, or slope factors result in a condition where mulch or other soil stabilizing practices are not necessary to control erosion and to promptly establish an effective vegetative cover.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.114, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.116 Revegetation; standards for success

(1) Statistically valid sampling techniques shall be used for measuring success.

(2) Ground cover, production, or stocking shall be considered equal to the approved success standard when they are not less than 90% of the success standard. The sampling techniques for measuring success shall use a 90% statistical confidence interval (i.e., a one-sided test with a 0.10 alpha error). Sampling techniques for measuring woody plant stocking, ground cover, and production shall be in accordance with techniques approved by the division.

(b) Standards for success shall be applied in accordance with the approved postmining land use and, at a minimum, the following conditions:

(ii) Trees and shrubs that will be used in determining the success of stocking and the adequacy of the plant arrangement shall have utility for the approved postmining land use. Trees and shrubs counted in determining such success shall be healthy and have been in place for not less than two growing seasons. At the time of bond release, at least 80% of the trees and shrubs used to determine such success shall have been in place for at least three years. Root crown or root sprouts over one foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem will be counted.

(iii) Vegetative ground cover shall not be less than that required to control erosion and achieve the approved postmining land use.

(iv) Where commercial forest land is the approved postmining land use:

(A) The area shall have a minimum stocking of 400 trees per acre.

(B) All countable trees shall be commercial species and shall be well distributed over each acre stocked.

(v) Where woody plants are used for wildlife management, recreation, shelter belts, or forest uses other than commercial forest land:

(A) The stocking of trees, shrubs, half-shrubs and the ground cover established on the revegetated area shall utilize local and regional recommendations regarding species composition, spacing and planting arrangement;

(B) Areas planted only in herbaceous species shall sustain a vegetative ground cover of 90%;

(5) For areas previously disturbed by mining that were not reclaimed to the requirements of this subchapter and that are remined or other wise redisturbed by surface coal mining operations, as a minimum, the vegetative ground cover shall be not less than the ground cover existing before redisturbance and shall be adequate to control erosion.

(2) The period of responsibility shall continue for a period of not less than

(3) The division may approve selective husbandry practices, excluding augmented seeding, fertilization, or irrigation, without extending the period of responsibility for revegetation success and bond liability, if such practices can be expected to continue as part of the postmining land use or if discontinuance of the practices after the liability period expires will not reduce the probability of permanent revegetation success. Approved practices shall be normal husbandry practices within the region for unmined lands having land uses similar to the approved postmining land use of the disturbed area, including such practices as disease, pest, and vermin control; and any pruning, reseeding and/or transplanting specifically necessitated by such actions.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.116, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995; Volume 14, Issue 5, eff. December 24, 1997; Volume 23, Issue 16, eff. May 16, 2007; Volume 25, Issue 12, eff. March 18, 2009.

4VAC25-130-817.121 Subsidence control

(a) Measures to prevent or minimize damage.

(1) The permittee shall either adopt measures consistent with known technology which prevent subsidence from causing material damage to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonably foreseeable use of surface lands; or adopt mining technology which provides for planned subsidence in a predictable and controlled manner. Nothing in this part shall be construed to prohibit the standard method of room-and-pillar mining.

(2) If a permittee employs mining technology that provides for planned subsidence in a predictable and controlled manner, the permittee must take necessary and prudent measures, consistent with the mining method employed, to minimize material damage to the extent technologically and economically feasible to noncommercial buildings and occupied residential dwellings and structures related thereto except that measures required to minimize material damage to such structures are not required if:

(i) The permittee has the written consent of the structure owners;

(ii) Unless the anticipated damage would constitute a threat to health or safety, the costs of such measures exceed the anticipated costs of repair; or

(iii) The structure owners have denied the permittee access to implement the measures specified in subdivision (a) (2) of this section and the permittee has provided written evidence of his good faith efforts to obtain access. The good faith effort shall include documentation apprising the structure owners that such measures are intended to lessen the potential for property damages or personal injury and that denial of access will not prevent mining.

(b) The permittee shall comply with all provisions of the approved subsidence control plan prepared pursuant to 4VAC25-130-784.20.

(1) Repair of damage to surface lands. The permittee must correct any material damage resulting from subsidence caused to surface lands, to the extent technologically and economically feasible, by restoring the land to a condition capable of maintaining the value and reasonably foreseeable uses that it was capable of supporting before subsidence damage.

(2) Repair or compensation for damage to noncommercial buildings and dwellings and related structures. The permittee must promptly repair, or compensate the owner for, material damage resulting from subsidence caused to any noncommercial building or occupied residential dwelling or structure related thereto that existed at the time of mining. If repair option is selected, the permittee must fully rehabilitate, restore, or replace the damaged structure. If compensation is selected, the permittee must compensate the owner of the damaged structure for the full amount of the decrease in value resulting from the subsidence related damage. The permittee may provide compensation by the purchase, before mining, of a noncancelable premium-prepaid insurance policy. The requirements of this subdivision apply only to subsidence related damage caused by underground mining activities conducted after October 24, 1992.

(3) Repair or compensation for damage to other structures. The permittee must, to the extent required under applicable provisions of state law, either correct material damage resulting from subsidence caused to any structures or facilities not protected by subdivision (c) (2) of this section by repairing the damage or compensate the owner of the structures or facilities for the full amount of the decrease in value resulting from the subsidence. Repair of damage includes rehabilitation, restoration, or replacement of damaged structures or facilities. Compensation may be accomplished by the purchase before mining of a noncancelable premium-prepaid insurance policy.

(4) Information to be considered in determination of causation. In a determination whether damage to protected structures was caused by subsidence from underground mining, all relevant and reasonably available information will be considered by the division.

(5) Adjustment of bond amount for subsidence damage. When subsidence related material damage to land, structures, or facilities protected under subdivisions (c) (1) through (c) (3) of this section occurs, or when contamination, diminution, or interruption to a water supply protected under 4VAC25-130-817.41 (j) occurs, the permittee shall provide additional performance bond in the amount of the estimated cost of the repairs if the permittee will be repairing, or in the amount of the decrease in value if the permittee will be compensating the owner, or in the amount of the estimated cost to replace the protected water supply if the permittee will be replacing the water supply, until the repair, compensation, or replacement is completed. If repair, compensation or replacement is completed within 90 days of the occurrence of damage or if the permittee demonstrates that the liability insurance required under 4VAC25-130-800.60 provides applicable to exceed one year, if the permittee demonstrates and the division finds in writing that subsidence is not complete, that not all probable subsidence related material damage has occurred to lands or protected structures, or that not all reasonably anticipated changes have occurred affecting the protected water supply, and that, therefore, it would be unreasonable to complete within 90 days the repair of the subsidence related material damage to lands or protected structures, or the replacement of protected water supply.

(d) Underground mining activities shall not be conducted beneath or adjacent to:

(1) Public buildings and facilities;

(2) Churches, schools, and hospitals; or

(3) Impoundments with a storage capacity of 20 acre-feet or more or bodies of water with a volume of 20 acre-feet or more, unless the subsidence control plan demonstrates that subsidence will not cause material damage to, or reduce the reasonably foreseeable use of, such features or facilities. If the division determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent thereto.

(e) If subsidence causes material damage to any of the features or facilities covered by subsection (d) of this section, the division may suspend mining under or adjacent to such features or facilities until the subsidence control plan is modified to ensure prevention of further material damage to such features or facilities.

(f) The division shall suspend underground mining activities under urbanized areas, cities, towns, and communities, and adjacent to industrial or commercial buildings, major impoundments, or perennial streams, if imminent danger is found to inhabitants of the urbanized areas, cities, towns, or communities.

(g) Within a schedule approved by the division, the permittee shall submit a detailed plan of the underground workings. The detailed plan shall include maps and descriptions, as appropriate, of significant features of the underground mine, including the size, configuration, and approximate location of pillars and entries, extraction ratios, measures taken to prevent or minimize subsidence and related damage, areas of full extraction, and other information required by the division. Upon request of the permittee, information submitted with the detailed plan may be held as confidential, in accordance with the requirements of 4VAC25-130-773.13 (d).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.121, eff. December 15, 1981; amended effective June 28, 1982, October 28, 1982, December 14, 1982, October 11, 1983, December 27, 1983, May 8, 1984, June 22, 1984, August 2, 1984, October 16, 1985, January 7, 1987, July 22, 1987, November 25, 1987, October 12, 1988, December 26, 1990, July 1, 1991, July 17, 1991, November 20, 1991, July 7, 1992, May 5, 1993, October 19, 1994; Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Errata, 14:10 VA.R. 1751 February 2, 1998; amended, Virginia Register Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-817.122 Subsidence control; notice

At least six months prior to mining, or within that period if approved by the division, the permittee shall mail a notification to all owners and occupants of surface property and structures above the underground workings. The notification shall include, at a minimum, identification of specific areas in which mining will take place, dates that specific areas will be undermined, and the location or locations where the permittee's subsidence control plan may be examined.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.122, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.131 Cessation of operations; temporary

(a) The permittee shall effectively support and maintain all surface access openings to underground operations, and secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a permittee of his obligation to comply with any provisions of the approved permit.

(b) Before temporary cessation of mining and reclamation operations for a period of 30 days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, the permittee shall submit to the division, a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of the subsurface strata which have been affected in the permit area prior to abandonment or cessation, the extent and kind of reclamation of those areas which will have been accomplished, identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures and water treatment activities that will continue during the temporary cessation, and the anticipated time period for which the temporary cessation of mining and reclamation operations will be in effect.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.131, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.132 Cessation of operations; permanent

(a) Persons who cease underground mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the permit approved by the division.

(b) All surface equipment, structures or other facilities not required for continued underground mining activities and monitoring, unless approved by the division as suitable for the postmining land use or environmental monitoring, shall be removed and the affected land reclaimed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.132, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.133 Postmining land use

(a) General. All disturbed areas shall be restored in a timely manner to conditions that are capable of supporting--

(1) The uses they were capable of supporting before any mining; or

(2) Higher or better uses.

(b) Determining premining uses of land. The premining uses of land to which the postmining land use is compared shall be those uses which the land previously supported, if the land has not been previously mined and has been properly managed. The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the land use that existed prior to any mining; Provided that, if the land cannot be reclaimed to the land use that existed prior to any mining because of the previously mined condition, the postmining land use shall be judged on the basis of the highest and best use that can be achieved which is compatible with surrounding areas and does not require the disturbance of areas previously unaffected by mining.

(1) There is reasonable likelihood for achievement of the use.

(2) The use does not present any actual or probable hazard to public health and safety, or threat of water diminution or pollution.

(3) The use will not--

(i) Be impractical or unreasonable;

(ii) Be inconsistent with applicable land use policies or plans;

(iii) Involve unreasonable delay in implementation; or

(iv) Cause or contribute to violation of Federal, State, or local law.

(1) The division grants the variance under a permit issued in accordance with 4VAC25-130-785.16.

(2) The alternative postmining land use requirements of Paragraph (c) of this section are met.

(3) All applicable requirements of the Act and this chapter, other than the requirement to restore disturbed areas to their approximate original contour, are met.

(4) After consultation with the appropriate land use planning agencies, if any, the potential use is shown to constitute an equal or better economic or public use.

(6) After approval, where required, of the appropriate State environmental agencies, the watershed of the permit and adjacent areas is shown to be improved.

(7) The highwall is completely backfilled with spoil material, in a manner which results in a static factor of safety of at least 1.3, using standard geotechnical analysis.

(8) Only the amount of spoil as is necessary to achieve the post-mining land use, ensure the stability of spoil retained on the bench, and meet all other requirements of the Act and this chapter is placed off the mine bench. All spoil not retained on the bench shall be placed in accordance with 4VAC25-130-817.71 through 4VAC25-130-817.75.

(10) Federal, State and local government agencies with an interest in the proposed land use have an adequate period in which to review and comment on the proposed use.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.133, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.150 Roads; general

(a) Road classification system.

(1) Each road, as defined in 4VAC25-130-700.5, shall be classified as either a primary road or an ancillary road.

(2) A primary road is any road which is--

(i) Used for transporting coal or spoil;

(ii) Frequently used for access or other purposes for a period in excess of six months; or

(iii) To be retained for an approved postmining land use.

(3) An ancillary road is any road not classified as a primary road.

(b) Performance standards. Each road shall be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

(2) Control or prevent damage to fish, wildlife or their habitat and related environmental values;

(3) Control or prevent additional contributions of suspended solids to stream flow or runoff outside the permit area;

(4) Neither cause nor contribute to, directly or indirectly, the violation of State or Federal water quality standards applicable to receiving waters;

(5) Refrain from significantly altering the normal flow of water in streambeds or drainage channels;

(7) Use non-acid and non-toxic-forming substances in road surfacing.

(c) Design and construction limits and establishment of design criteria. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment use, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, and culvert size, in accordance with current, prudent engineering practices, and any necessary design criteria established by the division.

(d) Location.

(1) No part of any road shall be located in the channel of an intermittent or perennial stream unless specifically approved by the division in accordance with the applicable portions of 4VAC25-130-817.41 through 4VAC25-130-817.43 and 4VAC25-130-817.57.

(2) Roads shall be located to minimize downstream sedimentation and flooding.

(e) Maintenance.

(1) A road shall be maintained to meet the performance standards of this Part and any additional criteria specified by the division.

(2) A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired as soon as practical after the damage has occurred.

(f) Reclamation.

(i) Closing the road to traffic;

(ii) Removing all bridges and culverts unless approved as part of the postmining land use;

(iii) Removing or otherwise disposing of road-surfacing materials that are incompatible with the postmining land use and revegetation requirements;

(iv) Reshaping cut and fill slopes as necessary to be compatible with the post-mining land use and to complement the drainage pattern of the surrounding terrain;

| | Percent of Road Grade | Spacing of Water Bars in Feet | | --- | --- | --- | | | 0 - 2 | 250 | | | 3 - 5 | 135 | | | 6 - 10 | 80 | | | 11 - 15 | 60 | | | 15+ | 40 |

(vi) Scarifying or ripping the roadbed; replacing topsoil or substitute material, and revegetating disturbed surfaces in accordance with 4VAC25-130-817.22 and 4VAC25-130-817.111 through 4VAC25-130-817.116.

(2) Roads which are to be retained as part of an approved post-mining land use shall be constructed or reconstructed to be compatible with that use. Construction or reconstruction shall include:

(i) Restoring an existing road to a condition equal to or better than its pre-mining condition; and

(ii) Meeting the requirements of 4VAC25-130-817.151 as appropriate.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.150, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.151 Primary roads

Primary roads shall meet the requirements of 4VAC25-130-817.150 and the additional requirements of this section.

(a) Certification and construction.

(2) The centerline of a proposed road shall be flagged prior to field inspection.

(3) All roads shall be subject to a tolerance of plus or minus 2.0% grade.

(4) Grading. The grade of a road shall not exceed 10% unless a steeper grade is justified by site conditions and topography.

(i) The grade shall be controlled to minimize erosion and sedimentation.

(6) Revegetation. All disturbed areas shall be seeded and mulched immediately after construction. If construction occurs during the non-seeding period of November 1-February 15, the permittee may use alternate methods upon approval by the division for control of erosion. Adequate vegetation to control erosion shall be maintained.

(7) Excess or unsuitable material from excavations shall be disposed of in accordance with 4VAC25-130-817.71. Acid- and toxic-forming material shall be disposed of in accordance with 4VAC25-130-817.41, 4VAC25-130-817.81, and 4VAC25-130-817.102.

(8) Temporary erosion-control measures shall be implemented during construction to minimize sedimentation and erosion until permanent control measures can be established.

(1) All organic material and topsoil shall be removed from the embankment foundation and no organic material, topsoil, or other unsuitable material shall be placed beneath or in any embankment.

(2) Where an embankment is to be placed on side slopes less than 36%, the following conditions shall be required:

(i) The embankment shall be constructed in uniform, compacted layers not exceeding four feet in thickness.

(ii) The embankment slopes shall not be steeper than 1v:1.5h.

(3) Where an embankment is to be placed on side slopes exceeding 36% the following additional conditions shall be required:

(i) A keyway cut shall be constructed at the toe of the fill to ensure stability; the keyway cut shall be at least 10 feet in width and shall be sloped inward.

(ii) The embankment shall be constructed in uniform compacted layers not exceeding two feet in thickness.

(1) To minimize erosion, a primary road shall be located, insofar as practical, on the most stable available surface.

(2) Fords of perennial or intermittent streams by primary roads are prohibited unless they are specifically approved by the division as temporary routes during periods of road construction.

(d) Drainage control. In accordance with the approved plan.

(2) Drainage pipes and culverts shall be installed as designed and maintained in a free and operating condition and to prevent or control erosion at inlets and outlets.

(i) Sufficient culverts shall be installed to limit erosion in ditchlines. Additional culverts may be required by the division if excessive erosion or sedimentation is anticipated or observed.

(iii) Culverts shall be placed on a minimum 4.0% grade.

(iv) Culverts shall be at least 12 inches in diameter.

(3) Drainage ditches shall be designed to prevent uncontrolled drainage over the road surface and embankment. Trash racks and debris basins shall be installed in the drainage ditches where debris from the drainage area may impair the functions of the drainage and sediment control structures. A ditch shall be provided on both sides of a through-cut and on the inside shoulder of a cut and fill section. Water shall be intercepted before reaching a switchback or large fill and drained safely away. Water from a fill or switchback shall be released below the fill through conduits or in rip rapped channels and shall not be discharged onto the fill. Ditches shall have a minimum constructed depth of one foot, measured from the lowest point in the road surface adjacent to the ditch.

(4) Culverts shall be installed and maintained to sustain the vertical soil pressure, the passive resistance of the foundation, and the weight of vehicles using the road.

(5) Natural stream channels shall not be altered or relocated without the prior approval of the division in accordance with the applicable portions of 4VAC25-130-817.41 through 4VAC25-130-817.43 and 4VAC25-130-817.57.

(7) (i) Sediment control shall be provided as part of the road drainage system unless runoff is diverted to other approved drainage/sediment control structures.

(g) Coal haulage. Any roads used for transporting coal shall have construction or reconstruction completed prior to the hauling of coal.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.151, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995.

4VAC25-130-817.152 Existing roads

Where existing roads that are to be used meet the performance standards of 4VAC25-130-817.150 and 4VAC25-130-817.151 or it can be demonstrated that reconstruction to meet the design standards of 4VAC25-130-817.150 and 4VAC25-130-817.151 would result in greater environmental harm, the division may waive the design requirements of those sections; however, such roads are to be constructed and maintained to control or prevent erosion. Review will place emphasis on stabilization and the water control system.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.152, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 12, Issue 2, eff. November 15, 1995.

4VAC25-130-817.180 Utility installations

All underground mining activities shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under, or through the permit area, unless otherwise approved by the owner of those facilities and the division.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.180, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-817.181 Support facilities

(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation plant to which it is incident or from which its operation results.

(b) In addition to the other provisions of this Part, support facilities shall be located, maintained, and used in a manner that--

(1) Prevents or controls erosion and siltation, water pollution, and damage to public or private property; and

(2) To the extent possible using the best technology currently available--

(i) Minimizes damage to fish, wildlife, and related environmental values; and

(ii) Minimizes additional contributions of suspended solids to stream flow or runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 817.181, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 819 Special Permanent Program Performance Standards—Auger Mining

4VAC25-130-819.1 Scope

This Part sets environmental protection performance standards for surface coal mining and reclamation operations involving auger mining.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.11 Auger mining; general

(a) Auger mining operations shall be conducted in accordance with the requirements of Part 816, except as provided in this Part.

(b) The division may prohibit auger mining, if necessary to--

(1) Maximize the utilization, recoverability, or conservation of the solid-fuel resource, or

(2) Protect against adverse water-quality impacts.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.13 Auger mining; coal recovery

(a) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with 4VAC25-130-816.59.

(b) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation are complete.

(c) The permittee shall leave areas of undisturbed coal, as approved by the division, to provide access for future underground mining activities to coal reserves remaining after augering is completed, unless it is established that the coal reserves have been depleted or are so limited in thickness or extent that it will not be practicable to recover the remaining coal. This determination shall be made by the division upon presentation of appropriate technical evidence by the permittee.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.15 Auger mining; hydrologic balance

(a) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of 4VAC25-130-816.41 and 4VAC25-130-816.42.

(b) All auger holes, except as provided in Paragraph (c) of this section, shall be--

(1) Sealed within 72 hours after completion with an impervious and noncombustible material, if the holes are discharging water containing acid-or toxic-forming material. If sealing is not possible within 72 hours, the discharge shall be treated commencing within 72 hours after completion to meet applicable effluent limitations and water-quality standards until the holes are sealed; and

(2) Sealed with an impervious noncombustible material, as contemporaneously as practicable with the augering operation, as approved by the division, if the holes are not discharging water containing acid- or toxic-forming material.

(c) Auger holes need not be sealed with an impervious material so as to prevent drainage if the division determines that--

(1) The resulting impoundment of water may create a hazard to the environment or public health or safety, and

(2) The drainage from the auger holes will--

(i) Not pose a threat of pollution to surface water; and

(ii) Comply with the requirements of 4VAC25-130-816.41 and 4VAC25-130-816.42.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.17 Auger mining; subsidence protection

Auger mining shall be conducted in accordance with the requirements of 4VAC25-130-817.121(a) and (c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.19 Auger mining; backfilling and grading

(a) General. Auger mining shall be conducted in accordance with the backfilling and grading requirements of 4VAC25-130-816.102 and 4VAC25-130-816.104 through 4VAC25-130-816.107 and the additional requirements of this section.

(b) Remining. Where auger mining operations affect previously mined areas that were not reclaimed to the standards of this chapter and the volume of all reasonably available spoil is demonstrated in writing to the division to be insufficient to completely backfill the highwall, the highwall shall be eliminated to the maximum extent technically practical in accordance with the following criteria:

(1) The permittee shall demonstrate to the division that the backfill, designed by a qualified registered professional engineer, has a minimum static safety factor for the stability of the backfill of at least 1.3.

(2) All spoil generated by the auger mining operation and any associated surface coal mining and reclamation operation, and any other reasonably available spoil shall be used to backfill the area. Reasonably available spoil shall include spoil generated by the mining operation and other spoil located in the permit area that is accessible and available for use and that when rehandled will not cause a hazard to the public safety or significant damage to the environment. For this purpose, the permit area shall include spoil in the immediate vicinity of the auger mining operation.

(3) The coal seam mined shall be covered with a minimum of four feet of nonacid-, nontoxic-forming material and the backfill graded to a slope which is compatible with the approved postmining land use and which provides adequate drainage and long-term stability.

(4) Any remnant of the highwall shall be stable and not pose a hazard to the public health and safety or to the environment.

(5) Spoil placed on the outslope during previous mining operations shall not be disturbed if such disturbances will cause instability of the remaining spoil or otherwise increase the hazard to the public health and safety or to the environment.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.19, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-819.21 Auger mining; protection of underground mining

Auger holes shall not extend closer than 500 feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with 4VAC25-130-816.79.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 819.21, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 823 Special Permanent Program Performance Standards—Operations on Prime Farmland

4VAC25-130-823.1 Scope and purpose

This Part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-823.4 Responsibilities

(a) The U.S. Natural Resources Conservation Service within the State shall establish specifications for prime farmland soil removal, storage, replacement, and reconstruction.

(b) The division shall use the soil-reconstruction specifications of Paragraph (a) of this section to carry out its responsibilities under 4VAC25-130-785.17 and Subchapter VJ.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.4, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-823.11 Applicability

The requirements of this Part shall not apply to:

(a) Surface facilities of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of Part 817 for underground mining activities; or

(b) Disposal areas containing coal mine waste resulting from underground mines that is not technologically and economically feasible to store in underground mines or on non- prime farmland. The operator shall minimize the area of prime farmland used for such purposes.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-823.12 Soil removal and stockpiling

(a) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting, or mining.

(b) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of 4VAC25-130-823.14(b).

(1) Separately remove the topsoil, or remove other suitable soil materials where such other soil materials will create a final soil having a greater productive capacity than that which exists prior to mining. If not utilized immediately, this material shall be placed in stockpiles separate from the spoil and all other excavated materials; and

(2) Separately remove the B or C soil horizon or other suitable soil material to provide the thickness of suitable soil required by 4VAC25-130-823.14(b), except as approved by the division where the B or C soil horizons would not otherwise be removed and where soil capabilities can be retained. If not utilized immediately, each horizon or other material shall be stockpiled separately from the spoil and all other excavated materials. Where combinations of such soil materials created by mixing have been shown to be equally or more favorable for plant growth than the B horizon, separate handling is not necessary.

(d) Stockpiles shall be placed within the permit area where they will not be disturbed or be subject to excessive erosion. If left in place for more than 30 days, stockpiles shall meet the requirements of 4VAC25-130-816.22 or 4VAC25-130-817.22.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-823.14 Soil replacement

(a) Soil reconstruction specifications established by the U. S. Natural Resources Conservation Service shall be based upon the standards of the National Cooperative Soil Survey and shall include, as a minimum, physical and chemical characteristics of reconstructed soils and soil descriptions containing soil-horizon depths, soil densities, soil pH, and other specifications such that reconstructed soils will have the capability of achieving levels of yield equal to, or higher than, those on nonmined prime farmland in the surrounding area.

(b) The minimum depth of soil and substitute soil material to be reconstructed shall be 48 inches, or a lesser depth equal to the depth to a subsurface horizon in the natural soil that inhibits or prevents root penetration, or a greater depth if determined necessary to restore the original soil productive capacity. Soil horizons shall be considered as inhibiting or preventing root penetration if their physical or chemical properties or water-supplying capacities cause them to restrict or prevent penetration by roots of plants common to the vicinity of the permit area and if these properties or capacities have little or no beneficial effect on soil productive capacity.

(c) The permittee shall replace and regrade the soil horizons or other root zone material with proper compaction and uniform depth. Excessive compaction shall be avoided.

(d) The permittee shall replace the B horizon, C horizon, or other suitable material specified in 4VAC25-130-823.12(c)(2) to the thickness needed to meet the requirements of Paragraph (b) of this section. In those areas where the B or C horizons were not removed but may have been compacted or otherwise damaged during the mining operation, the operator shall engage in deep tilling or other appropriate means to restore pre-mining capabilities.

(e) The permittee shall replace the topsoil or other suitable soil materials specified in 4VAC25-130-823.12(c)(1) as the final surface soil layer. This surface soil layer shall equal or exceed the thickness of the original surface soil layer, as determined by the soil survey.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-823.15 Revegetation and restoration of soil productivity

(a) Following prime farmland soil replacement, the soil surface shall be stabilized with a vegetative cover or other means that effectively controls soil loss by wind and water erosion.

(b) Prime farmland soil productivity shall be restored in accordance with the following provisions:

(1) Measurement of soil productivity shall be initiated within 10 years after completion of soil replacement.

(2) Soil productivity shall be measured on a representative sample or on all of the mined and reclaimed prime farmland area using the reference crop determined under Paragraph (b)(6) of this section. A statistically valid sampling technique at a 90-percent or greater statistical confidence level shall be used as approved by the division in consultation with the U. S. Natural Resources Conservation Service.

(3) The measurement period for determining average annual crop production (yield) shall be a minimum of three crop years prior to release of the permittee's performance bond.

(4) The level of management applied during the measurement period shall be the same as the level of management used on nonmined prime farmland in the surrounding area.

(5) Restoration of soil productivity shall be considered achieved when the average yield during the measurement period equals or exceeds the average yield of the reference crop established for the same period for nonmined soils of the same or similar texture or slope phase of the soil series in the surrounding area under equivalent management practices.

(6) The reference crop on which restoration of soil productivity is proven shall be selected from the crops most commonly produced on the surrounding prime farmland. Where row crops are the dominant crops grown on prime farmland in the area, the row crop requiring the greatest rooting depth shall be chosen as one of the reference crops.

(7) Reference crop yields for a given crop season are to be determined from--

(i) The current yield records of representative local farms in the surrounding area, with concurrence by the U.S. Natural Resources Conservation Service; or

(ii) The average county yields recognized by the U. S. Department of Agriculture, which have been adjusted by the U. S. Natural Resources Conservation Service for local yield variation within the county that is associated with differences between nonmined prime farmland soil and all other soils that produce the reference crop.

(8) Under either procedure in Paragraph (b)(7) of this section, the average reference crop yield may be adjusted, with the concurrence of the U.S. Natural Resources Conservation Service, for--

(i) Disease, pest, and weather-induced seasonal variations; or

(ii) Differences in specific management practices where the overall management practices of the crops being compared are equivalent.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 823.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 824 Special Permanent Program Performance Standards—Mountaintop Removal

4VAC25-130-824.2 Objectives

The objectives of this Part are to--

(a) Enhance coal recovery;

(b) Reclaim the land to equal or higher postmining use; and

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 824.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-824.11 Mountaintop removal; performance standards

(a) Surface coal mining activities may be conducted under a variance from the requirement of this Subchapter for restoring affected areas to their approximate original contour, if--

(1) The division grants the variance under a permit, in accordance with 4VAC25-130-785.14;

(2) The activities involve the mining of an entire coal seam running through the upper fraction of a mountain, ridge, or hill, by removing all of the overburden and creating a level plateau or gently rolling contour with no highwalls remaining;

(3) An industrial, commercial, agricultural, residential, or public facility (including recreational facilities) use is proposed and approved for the affected land;

(4) The alternative land-use requirements of 4VAC25-130-816.133(a) through (c) are met;

(5) All applicable requirements of this chapter, other than the requirements to restore affected areas to their approximate original contour, are met;

(6) An outcrop barrier of sufficient width, consisting of the toe of the lowest coal seam, and its associated overburden, are retained to prevent slides and erosion, except that the division may permit an exception to the retention of the coal barrier requirement if the following conditions are satisfied:

(i) The proposed mine site was mined prior to May 3, 1978, and the toe of the lowest seam has been removed; or

(ii) A coal barrier adjacent to a head-of-hollow fill may be removed after the elevation of a head-of- hollow fill attains the elevation of the coal barrier if the head-of-hollow fill provides the stability otherwise ensured by the retention of a coal barrier;

(7) The final graded slopes on the mined area are less than 1v:5h so as to create a level plateau or gently rolling configuration, and the outslopes of the plateau do not exceed 1v:2h except where engineering data substantiates, and the division finds, in writing, and includes in the permit under 4VAC25-130-785.14, that a minimum static safety factor of 1.5 will be attained;

(8) The resulting level or gently rolling contour is graded to drain inward from the outslope, except at specified points where it drains over the outslope in stable and protected channels. The drainage shall not be through or over a valley or head-of-hollow fill;

(9) Natural watercourses below the lowest coal seam mined are not damaged;

(10) All waste and acid-forming or toxic-forming materials, including the strata immediately below the coal seam, are covered with non-toxic spoil to prevent pollution and achieve the approved postmining land use; and

(11) Spoil is placed on the mountaintop bench as necessary to achieve the postmining land use approved under Paragraphs (a)(3) and (a)(4) of this section. All excess spoil material not retained on the mountaintop shall be placed in accordance with 4VAC25-130-816.41, 4VAC25-130-816.43 and 4VAC25-130-816.71 through 4VAC25-130-816.75.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 824.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 825 Special Permanent Program Performance Standards—Remining Areas with Pollutional Discharges

4VAC25-130-825.11 Operational requirements

A permittee who receives an authorization to mine areas with preexisting pollutional discharges under 4VAC25-130-785.19 shall comply with the requirements of this Subchapter except as specifically modified by this Part. The permittee shall also:

(1) Implement the approved water quality and quantity monitoring program for the pollution abatement area until the requirements of 4VAC25-130-825.14 are met.

(2) Implement the approved abatement plan.

(3) Notify the division immediately prior to the completion of each step of the abatement plan.

(4) Provide progress reports to the division within 30 days after the completion of each step of the abatement program that all work has been performed in accordance with the terms and conditions of the pollution abatement authorization and the approved maps, plans, cross-sections, and specifications.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 825.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.12 Treatment of discharges

(a) Except for preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19, the permittee shall comply with 4VAC25-130-816.42 and 4VAC25-130-817.42.

(b) The permittee shall treat the preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19 to comply with the effluent limitations established by best professional judgment. The effluent limitations established by best professional judgment shall not allow discharge of pollutants in excess of the baseline pollution load. Any discharge from or affected by the remining operation shall be in accordance with the applicable State water quality standards.

(c) A permittee required to treat preexisting discharges will be allowed to discontinue treating the discharges under Subsection (b) when the permittee affirmatively demonstrates to the division that:

(1) The preexisting discharges are meeting the effluent limitations established by Subsection (b) as shown by all ground and surface water monitoring conducted by the permittee or the division.

(2) Surface coal mining activities under the permit, including the pollution abatement area, are being or were conducted under the requirements of the permit and the authorization and this Subchapter, except as specifically modified by this Part.

(3) The permittee has implemented each step of the abatement plan as approved in the authorization.

(d) If after discontinuance of treatment of discharges under Subsection (c) the discharges fail to meet the effluent limitations established by Subsection (b), the permittee shall reinstitute treatment of the discharges under Subsection (b). A permittee who reinstitutes treatment under this Subsection will be allowed to discontinue treatment if the requirements of Subsection (c) are met.

(e) Discontinuance of treatment under Subsection (c) may not be deemed or construed to be or to authorize a release of bond under 4VAC25-130-825.14.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 825.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.13 Request for bond release

4VAC25-130-800.40, 4VAC25-130-801.17 and 4VAC25-130-801.18 shall apply to the release of bonds for pollution abatement areas except as modified by this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 825.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-825.14 Criteria and schedule for release of bonds on pollution abatement areas

(a) The division will release up to 50% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The surface coal mining activities were conducted on the permit area, including the pollution abatement area, under the requirements of the permit and the authorization and this chapter, except as specifically modified by this Part.

(2) The permittee has satisfactorily completed backfilling, regrading, and drainage control under the approved reclamation plan.

(3) The permittee has properly implemented each step of the pollution abatement plan approved and authorized under this chapter.

(4) The permittee has not caused degradation of the baseline pollution load for a period of a minimum of six months prior to the submittal of the request for bond release under this Part and until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee under 4VAC25-130-825.11 or conducted by the division.

(5) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(b) The division will release an additional amount not to exceed 35% of the amount of bond for the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has replaced the topsoil or topsoil substitute, completed final grading, planting and established revegetation under the approved reclamation plan.

(2) The permittee has not caused or contributed to additional surface water pollution by reaffecting or mining the pollution abatement area.

(3) The permittee has complied with either of the following:

(i) Achieved the actual improvement of the baseline pollution load described in the approved abatement plan and shown by all ground and surface water monitoring conducted by the permittee or the division for the period of time provided in the abatement plan after completion of backfilling, final grading, drainage control, topsoiling, and establishment of revegetation.

(ii) Achieved all of the following:

(A) At a minimum has not caused degradation of the baseline pollution load as shown by all ground and surface water monitoring conducted by the permittee or the division for a period of 12 months from the discontinuance of treatment under 4VAC25-130-825.12(d), if backfilling, final grading, drainage control, topsoiling, and establishment of revegetation have been completed.

(B) Conducted all measures provided in the approved abatement plan and additional measures specified by the division in writing at the time of initial bond release under Subsection (a) for the area requested for bond release.

(C) Caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area.

(D) Stabilized the pollution abatement area.

(c) The division will release the remaining portion of the amount of bond on the authorized pollution abatement area if the permittee demonstrates and the division finds that:

(1) The permittee has successfully completed all the approved abatement and reclamation plans, and the pollution abatement area is capable of supporting the postmining land use approved under 4VAC25-130-816.133 and 4VAC25-130-817.133.

(2) The permittee has complied with the requirements of the permit and the authorization, and this chapter, except as specifically modified by this Part.

(3) The permittee has not caused degradation of the baseline pollution load from the time of bond release under Subsection (b).

(4) The applicable liability period has expired under 4VAC25-130-800.13.

(5) If treatment has been initiated in accordance with 4VAC25-130-825.12(d) after bond release under Subsections (a) or (b) of this section, the permittee has not caused degradation of the baseline pollution load for a period of five years from the discontinuance of treatment under 4VAC25-130-825.12(c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 825.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 827 Permanent Program Performance Standards—Coal Preparation Plants Not Located Within the Permit Area of a Mine

4VAC25-130-827.1 Scope

This Part sets forth requirements for coal preparation plants operated in connection with a coal mine but outside the permit area for a specific mine.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 827.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-827.11 General requirements

Each person who operates a coal preparation plant subject to this Part shall obtain a permit in accordance with 4VAC25-130-785.21, obtain a bond in accordance with Subchapter VJ, and operate that plant in accordance with the requirements of this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 827.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-827.12 Coal preparation plants; performance standards

Construction, operation, maintenance, modification, reclamation, and removal activities at coal preparation plants shall comply with the following:

(a) Signs and markers for the coal preparation plant, coal processing waste disposal area, and water-treatment facilities shall comply with 4VAC25-130-816.11.

(b) Any stream channel diversion shall comply with 4VAC25-130-816.43.

(c) Drainage from any disturbed area related to the coal preparation plant shall comply with 4VAC25-130-816.45 through 4VAC25-130-816.47, and all discharges from these areas shall meet the requirements of 4VAC25-130-816.41 and 4VAC25-130-816.42 and any other applicable State or Federal law.

(d) Permanent impoundments associated with coal preparation plants shall meet the requirements of 4VAC25-130-816.49 and 4VAC25-130-816.56. Dams constructed of, or impounding, coal processing waste shall comply with 4VAC25-130-816.84.

(e) Disposal of coal processing waste, noncoal mine waste, and excess spoil shall comply with 4VAC25-130-816.81, 4VAC25-130-816.83, 4VAC25-130-816.84, 4VAC25-130-816.87, 4VAC25-130-816.89, and 4VAC25-130-816.71 through 4VAC25-130-816.75, respectively.

(f) Fish, wildlife, and related environmental values shall be protected in accordance with 4VAC25-130-816.97.

(g) Support facilities related to the coal preparation plant shall comply with 4VAC25-130-816.181.

(h) Roads shall comply with 4VAC25-130-816.150 through 4VAC25-130-816.152.

(i) Cessation of operations shall be in accordance with 4VAC25-130-816.131 and 4VAC25-130-816.132.

(j) Erosion and air pollution attendant to erosion shall be controlled in accordance with 4VAC25-130-816.95.

(k) Adverse effects upon, or resulting from, nearby underground coal mining activities shall be minimized by appropriate measures including, but not limited to, compliance with 4VAC25-130-816.79.

(l) Reclamation shall follow proper topsoil handling, backfilling and grading, revegetation, and postmining land use procedures in accordance with 4VAC25-130-816.22, 4VAC25-130-816.100, 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.106, 4VAC25-130-816.111, 4VAC25-130-816.113, 4VAC25-130-816.114, 4VAC25-130-816.116, and 4VAC25-130-816.133, respectively.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 827.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 828 Special Permanent Program Performance Standards—In Situ Processing

4VAC25-130-828.2 Objectives

This Part is intended to ensure that all in situ processing activities are conducted in a manner which preserves and enhances environmental values in accordance with the Act. This Part provides additional performance, reclamation and design standards to reflect the nature of in situ processing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 828.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-828.11 In situ processing; performance standards

(a) The person who conducts in situ processing activities shall comply with Part 817 and this section.

(b) In situ processing activities shall be planned and conducted to minimize disturbance to the prevailing hydrologic balance by:

(1) Avoiding discharge of fluids into holes or wells, other than as approved by the division;

(2) Injecting process recovery fluids only into geologic zones or intervals approved as production zones by the division;

(3) Avoiding annular injection between the wall of the drill hole and the casing; and

(4) Preventing discharge of process fluid into surface waters.

(c) Each person who conducts in situ processing activities shall submit for approval as part of the application for permit under 4VAC25-130-785.22, and follow after approval, a plan that ensures that all acid-forming, toxic-forming, or radioactive gases, solids, or liquids constituting a fire, health, safety, or environmental hazard and caused by the mining and recovery process are promptly treated, confined, or disposed of, in a manner that prevents contamination of ground and surface waters, damage to fish, wildlife, and related environmental values, and threats to the public health and safety.

(d) Each person who conducts in situ processing activities shall prevent flow of the process recovery fluid:

(1) Horizontally beyond the affected area identified in the permit; and

(2) Vertically into overlying or underlying aquifers.

(e) Each person who conducts in situ processing activities shall restore the quality of affected ground water in the permit and adjacent area, including ground water above and below the production zone, to the approximate premining levels or better, to ensure that the potential for use of the ground water is not diminished.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 828.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-828.12 In situ processing; monitoring

(a) Each person who conducts in situ processing activities shall monitor the quality and quantity of surface and ground water and the subsurface flow and storage characteristics, in a manner approved by the division under 4VAC25-130-817.41, to measure changes in the quantity and quality of water in surface and ground water systems in the permit area and in adjacent areas.

(b) Air and water quality monitoring shall be conducted in accordance with monitoring programs approved by the division as necessary according to appropriate Federal and State air and water quality standards.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 828.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 840 Inspection and Enforcement—General

4VAC25-130-840.11 Inspections by the division

(a) The division shall conduct an average of at least one partial inspection per month of each active surface coal mining and reclamation operation under its jurisdiction, and shall conduct such partial inspections of each inactive surface coal mining and reclamation operation under its jurisdiction as are necessary to ensure effective enforcement of the Act and this chapter. A partial inspection is an on-site or aerial review of a permittee's compliance with some of the permit conditions and requirements imposed under the Act and this chapter.

(b) The division shall conduct an average of at least one complete inspection per calendar quarter of each active or inactive surface coal mining and reclamation operation under its jurisdiction. A complete inspection is an on-site review of a permittee's compliance with all permit conditions and requirements imposed under the Act and this chapter, within the entire area disturbed or affected by the surface coal mining and reclamation operations.

(c) The division shall conduct such inspections of coal explorations as are necessary to ensure compliance with the Act and this chapter.

(d) (1) Aerial inspections shall be conducted in a manner which reasonably ensures the identification and documentation of conditions at each surface coal mining and reclamation site inspected.

(2) Any potential violation observed during an aerial inspection shall be investigated on site within three days; provided, that any indication of a condition, practice or violation constituting cause for the issuance of a cessation order under § 45.2-1020 of the Act shall be investigated on site immediately, and provided further, that an on-site investigation of a potential violation observed during an aerial inspection shall not be considered to be an additional partial or complete inspection for the purposes of paragraphs (a) and (b) of this section.

(e) The inspections required under paragraphs (a), (b), (c) and (d) of this section shall:

(1) Be carried out on an irregular basis, so as to monitor compliance at all operations, including those which operate nights, weekends, or holidays;

(2) Occur without prior notice to the permittee or any agent or employee of such permittee, except for necessary on-site meetings; and

(3) Include the prompt filing of inspection reports adequate to enforce the requirements of the Act and this chapter.

(f) For the purposes of this section, an inactive surface coal mining and reclamation operation is one for which:

(1) The division has secured from the permittee the written notice provided for under 4VAC25-130-816.131(b) or 4VAC25-130-817.131(b); or

(2) Reclamation has been completed to the level established in 4VAC25-130-800.40 as Phase II.

(g) Abandoned site means a surface coal mining and reclamation operation for which the division has found in writing that:

(1) All surface and underground coal mining and reclamation activities at the site have ceased;

(2) The division has issued at least one notice of violation or the interim program equivalent, and either:

(i) Is unable to serve the notice despite diligent efforts to do so; or

(ii) The notice was served and has progressed to a failure-to-abate cessation order or the interim program equivalent;

(3) The division:

(i) Is taking action to ensure that the permittee and operator, and owners and controllers of the permittee and operator, will be precluded from receiving future permits while violations continue at the site; and

(ii) Is taking action pursuant to § 45.2-1020 or 45.2-1021 of the Act to ensure that abatement occurs or that there will not be a recurrence of the failure-to-abate, except where after evaluating the circumstances it concludes that further enforcement offers little or no likelihood of successfully compelling abatement or recovering any reclamation costs; and

(4) Where the site is, or was, permitted or bonded:

(i) The permit has either expired or been revoked, or permit revocation proceedings have been initiated and are being pursued diligently; and

(ii) The division has initiated and is diligently pursuing forfeiture of, or has forfeited, the any available performance bond.

(h) In lieu of the inspection frequency established in paragraphs (a) and (b) of this section, the division shall inspect each abandoned site on a set frequency commensurate with the public health and safety and environmental consideration present at each specific site, but in no case shall the inspection frequency be set at less than one complete inspection per calendar year.

(1) In selecting an alternate inspection frequency authorized under the paragraph above, the division shall first conduct a complete inspection of the abandoned site and provide public notice under paragraph (h)(2) of this section. Following the inspection and public notice, the division shall prepare and maintain for public review a written finding justifying the alternative inspection frequency selected. This written finding shall justify the new inspection frequency by affirmatively addressing in detail all of the following criteria:

(i) How the site meets each of the criteria under the definition of an abandoned site under paragraph (g) of this section and thereby qualifies for a reduction in inspection frequency;

(ii) Whether, and to what extent, there exists on the site impoundments, earthen structures or other conditions that pose, or may reasonably be expected to ripen into, imminent dangers to the health or safety of the public or significant environmental harms to land, air, or water resources;

(iii) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit;

(iv) The degree to which erosion and sediment control is present and functioning;

(v) The extent to which the site is located near or above urbanized areas, communities, occupied dwellings, schools and other public or commercial buildings and facilities;

(vi) The extent of reclamation completed prior to abandonment and the degree of stability of unreclaimed areas, taking into consideration the physical characteristics of the land mined and the extent of settlement or revegetation that has occurred naturally with them; and

(vii) Based on a review of the complete and partial inspection report record for the site during at least two consecutive years, the rate at which adverse environmental or public health and safety conditions have and can be expected to progressively deteriorate.

(2) The public notice and opportunity to comment required under paragraph (h)(1) of this section shall be provided as follows:

(i) The division shall place a notice in the newspaper with the broadest circulation in the locality of the abandoned mine site providing the public with a 30-day period in which to submit written comments.

(ii) The public notice shall contain the permittee's name, the permit number, the precise location of the land affected, the inspection frequency proposed, the general reasons for reducing the inspection frequency, the bond status of the permit, the telephone number and address of the regulatory authority where written comments on the reduced inspection frequency may be submitted, and the closing date of the comment period.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 840.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-840.12 Right of entry

(a) Representatives of the Director are authorized to enter upon and through any coal exploration or surface coal mining and reclamation operation without advance notice upon presentation of appropriate credentials. No search warrant shall be required, except that entry into buildings shall be conducted only upon consent of the permittee or by search warrant.

(b) Representatives of the Director are authorized to inspect any monitoring equipment or method of exploration or operation, and to have access to and copy any records required under the Act or this chapter. Representatives of the Director may exercise these rights at reasonable times, without advance notice, upon presentation of appropriate credentials. No search warrant shall be required, except that entry into buildings shall be conducted only upon consent of the permittee or by search warrant.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 840.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-840.14 Availability of records

(a) The division shall make available to the OSM, upon request, copies of all documents relating to applications for and approvals of existing, new, or revised coal exploration approvals or surface coal mining and reclamation operation permits and all documents relating to inspection and enforcement actions.

(b) Copies of all records, reports, inspection materials, or information obtained by the division shall be made immediately and conveniently available to the public in the area of mining until at least five years after expiration of the period during which the subject operation is active or is covered by any portion of a reclamation bond, except-

(1) As otherwise provided by state law; and

(2) For information not required to be made available under 4VAC25-130-772.15 and 4VAC25-130-773.13(d) or subdivison (d) of this section.

(1) Making copies of all records, reports, inspection materials, and other subject information available for public inspection at a federal, state, or local government office in the county where the mining is occurring or proposed to occur; or,

(2) At the division's option in accordance with the Virginia Freedom of Information Act (Chapter 37 ( § 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia), providing copies of subject information promptly by mail at the request of any resident of the area where the mining is occurring or is proposed to occur, provided, that the division shall maintain for public inspection, at a federal, state, or local government office in the county where the mining is occurring or proposed to occur, a description of the information available for mailing and the procedure for obtaining such information. A list of government offices where information may be inspected can be obtained on request by contacting the division's Big Stone Gap office.

(d) In order to protect preparation for hearings and enforcement proceedings, the OSM and the division may enter into agreements regarding procedures for the special handling of investigative and enforcement reports and other such materials.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 840.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-840.16 Compliance conference

(a) A permittee may request an on-site compliance conference with an authorized representative of the Director to review the compliance status of any condition or practice proposed at any coal exploration or surface coal mining and reclamation operation. Any such conference shall not constitute an inspection within the meaning of § 45.2-1019 of the Act and 4VAC25-130-840.11.

(b) The division may accept or refuse any request to conduct a compliance conference under Paragraph (a).

(c) The authorized representative at any compliance conference shall review such proposed conditions and practices in order to advise whether any such condition or practice may become a violation of any requirement of the Act, this chapter, or any applicable permit or exploration approval.

(d) Neither the holding of a compliance conference under this section nor any opinion given by the authorized representative at such a conference shall affect:

(1) Any rights or obligations of the division or of the permittee with respect to any inspection, notice of violation or cessation order, whether prior or subsequent to such compliance conference; or

(2) The validity of any notice of violation or cessation order issued with respect to any condition or practice reviewed at the compliance conference.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 840.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

Part 842 Inspections

4VAC25-130-842.11 Immediate inspections

(a) An authorized representative of the Director shall immediately conduct an inspection when the authorized representative has reason to believe on the basis of information available to him that there exists a violation of the Act, this chapter, or any condition of a permit or an exploration approval, or that there exists any condition, practice, or violation which creates an imminent danger to the health or safety of the public or is causing or could reasonably be expected to cause a significant, imminent environmental harm to land, air, or water resources.

(b) An authorized representative shall have reason to believe that a violation, condition or practice exists if the facts alleged by the informant would, if true, constitute a condition, practice or violation referred to in Paragraph (a).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 842.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-842.12 Citizens' requests for inspections

(a) A person may request an inspection under 4VAC25-130-842.11(a), by furnishing to an authorized representative of the Director a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative reason to believe that a violation, condition or practice referred to in 4VAC25-130-842.11(a) exists and setting forth a phone number and address where the person can be contacted.

(b) The identity of any person supplying information to the division relating to a possible violation or imminent danger or harm shall remain confidential with the division, if requested by that person, unless that person elects to accompany the inspector on the inspection, or unless disclosure is required under the Virginia Freedom of Information Act (Chapter 37 ( § 2.2-3700 et seq.) of Title 2.2 of the Code of Virginia).

(c) If an inspection is conducted as a result of information provided to the division by a person as described in Paragraph (a) of this section, the person shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Director during the inspection. It shall be the responsibility of the person to provide any or all safety equipment needed to accompany the division's inspector during the mine site inspection. Such person has a right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he supplied information, but only if he is in the presence of and is under the control, direction, and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

(d) Within 10 days of the inspection or, if there is no inspection, within 15 days of receipt of the person's written statement, the division shall send the person the following:

(1) If an inspection was made, a description of the enforcement action taken, which may consist of copies of the inspection report and all notices of violation and cessation orders issued as a result of the inspection, or an explanation of why no enforcement action was taken;

(2) If no inspection was conducted, an explanation of the reason why; and

(3) An explanation of the person's right, if any, to informal review of the action or inaction of the division under 4VAC25-130-842.15.

(e) The division shall give copies of all materials in Paragraphs (d)(1) and (d)(2) of this section within the time limits specified in those Paragraphs to the person alleged to be in violation, except that the name of the person supplying information shall be removed unless disclosure of the person's identity is permitted under Paragraph (b) of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 842.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-842.14 Review of adequacy and completeness of inspections

Any person who is or may be adversely affected by a surface coal mining and reclamation operation or a coal exploration operation may notify the division in writing of any alleged failure on the part of the division to make adequate and complete or periodic inspections as provided in 4VAC25-130-840.11 and 4VAC25-130-842.11. The notification shall include sufficient information to create a reasonable belief that 4VAC25-130-840.11 and 4VAC25-130-842.11 are not being complied with and to demonstrate that the person is or may be adversely affected. The division shall within 30 days of receipt of the notification determine whether 4VAC25-130-840.11 and 4VAC25-130-842.11 are being complied with, and if not, shall immediately order an inspection to remedy the noncompliance. The division shall furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the noncompliance.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 842.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-842.15 Review of decision not to inspect or enforce

(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the division to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection under 4VAC25-130-842.12. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.

(b) The division shall conduct the review and inform the person, in writing, of the results of the review within 30 days of receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person who is or may be adversely affected shall not be disclosed unless confidentiality has been waived or disclosure is required under the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

(c) Informal review under this section shall not affect any right to formal review under § 45.2-1025 of the Act or to a citizen's suit under § 45.2-1022 of the Act.

(d) Any person who requested a review of a decision not to inspect or enforce under this section and who is or may be adversely affected by any determination made under subsection (b) of this section may request review of that determination by filing within 30 days of the division's determination an application for formal review and request for hearing under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). All requests for hearing or appeals for review and reconsideration made under this section shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 842.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 38, Issue 13, eff. March 31, 2022.

Part 843 Enforcement Procedures

4VAC25-130-843.11 Cessation orders

(a)(1) An authorized representative of the Director shall immediately order a cessation of a coal exploration or a surface coal mining and reclamation operation or of the relevant portion thereof, if the representative finds, on the basis of any inspection, any condition or practice, or any violation of the Act, this chapter, or any condition of a permit or an exploration approval imposed under the Act, or this chapter which:

(i) Creates an imminent danger to the health or safety of the public; or

(ii) Is causing or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources.

(2) Surface coal mining operations conducted by any person without a valid surface coal mining permit constitute a condition or practice which causes or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, unless such operations:

(i) Are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations; or

(ii) Were conducted lawfully without a permit under this chapter because no permit under this chapter has been required for such operations by the division.

(3) If the cessation ordered under Paragraph (a)(1) of this section will not completely abate the imminent danger or harm in the most expeditious manner physically possible, the authorized representative of the Director shall impose affirmative obligations on the permittee to abate the imminent danger or significant environmental harm. The order shall specify the time by which abatement shall be accomplished.

(b)(1) When a notice of violation has been issued under 4VAC25-130-843.12(a) and the permittee fails to abate the violation within the abatement period fixed or subsequently extended by the authorized representative, the authorized representative of the Director shall immediately order a cessation of coal exploration or surface coal mining and reclamation operations, or of the portion relevant to the violation.

(2) A cessation order issued under this Paragraph (b) shall require the permittee to take all steps the authorized representative of the Director deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

(c) A cessation order issued under Paragraphs (a) or (b) of this section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity: (1) The nature of the condition, practice or violation; (2) the remedial action or affirmative obligation required, if any, including interim steps, if appropriate; (3) the time established for abatement, including a schedule for meeting any interim steps, if appropriate; and (4) a reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies. The order shall remain in effect until the condition, practice or violation resulting in the issuance of the cessation order has been abated or until vacated, modified or terminated in writing by an authorized representative of the Director, or until the order expires pursuant to § 45.2-1020 of the Act and 4VAC25-130-843.15.

(d) Reclamation operations and other activities intended to protect public health and safety and the environment shall continue during the period of any order unless otherwise provided in the order.

(e) An authorized representative of the Director may modify, terminate or vacate a cessation order for good cause, and may extend the time for abatement if the failure to abate within the time previously set was not caused by the permittee's lack of diligence.

(f) An authorized representative of the Director shall terminate a cessation order by written notice to the permittee when the representative determines that all conditions, practices or violations listed in the order have been abated. Termination shall not affect the right of the division to assess civil penalties under Part 845 of this chapter for those violations.

(g) Within 60 days after issuing a cessation order, the division shall notify in writing any person who has been identified under 4VAC25-130-773.17(h) and 4VAC25-130-778.13(c) and (d) as owning or controlling the permittee, that the cessation order was issued and that the person has been identified as an owner or controller.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-843.12 Notices of violation

(a) An authorized representative of the director shall issue a notice of violation if, on the basis of an inspection pursuant to § 45.2-1019 of the Act, the representative finds a violation of the Act, this chapter, or any condition of a permit or an exploration approval imposed under the Act, or this chapter, which does not create an imminent danger or harm for which a cessation order must be issued under 4VAC25-130-843.11.

(b) A notice of violation issued under this section shall be in writing, signed by the authorized representative who issues it, and shall set forth with reasonable specificity:

(1) The nature of the violation;

(2) The remedial action required, which may include interim steps;

(3) A reasonable time for abatement, which may include time for accomplishment of interim steps; and

(4) A reasonable description of the portion of the coal exploration or surface coal mining and reclamation operation to which it applies.

(c) An authorized representative of the director may extend the time set for abatement or for accomplishment of an interim step, if the failure to meet the time previously set was not caused by the permittee's lack of diligence. The total time for abatement under a notice of violation, including all extensions, shall not exceed 90 days from the date of issuance, except upon a showing by the permittee that it is not feasible to abate the violation within 90 calendar days due to one or more of the circumstances in subsection (f) of this section. An extended abatement date pursuant to this section shall not be granted when the permittee's failure to abate within 90 days has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.

(d)(1) If the permittee fails to meet the time set for abatement, the authorized representative shall issue a cessation order under 4VAC25-130-843.11(b).

(2) If the permittee fails to meet the time set for accomplishment of any interim step the authorized representative may issue a cessation order under 4VAC25-130-843.11 (b).

(e) An authorized representative of the director shall terminate a notice of violation by written notice to the permittee when the representative determines that all violations listed in the notice of violation have been abated. Termination shall not affect the right of the division to assess civil penalties under Part 845 for those violations.

(f) Circumstances which may qualify a coal exploration or a surface coal mining operation for an abatement period of more than 90 days are:

(1) Where the permittee of an on-going permitted operation has timely applied for and diligently pursued a permit renewal or other necessary approval of designs or plans but such permit or approval has not been or will not be issued within 90 days after a valid permit expires or is required, for reasons not within the control of the permittee;

(2) Where there is a valid judicial or administrative order precluding abatement within 90 days as to which the permittee has diligently pursued all rights of appeal and as to which the permittee has no other effective legal remedy;

(3) Where the permittee cannot abate within 90 days due to a labor strike;

(4) Where climatic conditions preclude abatement within 90 days, or where, due to climatic conditions, abatement within 90 days clearly would cause more environmental harm than it would prevent; or

(5) Where abatement within 90 days requires action that would violate safety standards established by statute or regulation under the Mine Safety and Health Act of 1977.

(g) Whenever an abatement time in excess of 90 days is permitted, interim abatement measures shall be imposed to the extent necessary to minimize harm to the public or the environment.

(h) If any of the conditions in subsection (f) of this section exists, the permittee may request the authorized representative to grant an abatement period exceeding 90 days. The authorized representative shall not grant such an abatement period without the concurrence of the director and the abatement period granted shall not exceed the shortest possible time necessary to abate the violation. The permittee shall have the burden of establishing by clear and convincing proof that he is entitled to an extension under the provisions of 4VAC25-130-843.12 (c) and (f). In determining whether or not to grant an abatement period exceeding 90 days the authorized representative may consider any relevant written or oral information from the permittee or any other source. The authorized representative shall promptly and fully document in the file his reasons for granting or denying the request. The authorized representative's immediate supervisor shall review this document before concurring in or disapproving the extended abatement date and shall promptly and fully document the reasons for his concurrence or disapproval in the file.

(i) No extension granted under subsection (h) of this section may exceed 90 days in length. Where the condition or circumstance which prevented abatement within 90 days exists at the expiration of any such extension, the permittee may request a further extension in accordance with the procedures of subsection (h) of this section.

(j) Any determination made under subsection (h) of this section shall be subject to formal review pursuant to the provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-843.13 Suspension or revocation of permits; pattern of violations

(a)(1) The director shall issue a show cause order to a permittee requiring justification as to why his permit and right to mine under the Act should not be suspended or revoked, if the director determines that a pattern of violations of any requirements of the Act, this chapter, or any permit condition required by the Act exists or has existed, and that the violations were caused by the permittee's willful or unwarranted failure to comply with those requirements or conditions, or if the permittee failed to pay the final civil penalty assessment as required by 4VAC25-130-845.20. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage.

(2) The director may determine that a pattern of violations exists or has existed based upon two or more inspections of the permit area within any 12-month period, after considering the circumstances, including:

(i) The number of violations, cited on more than one occasion, of the same or related requirements of the Act, this chapter, or the permit;

(ii) The number of violations, cited on more than one occasion, of different requirements of the Act, this chapter, or the permit; and

(iii) The extent to which the violations were isolated departures from lawful conduct.

(3) The director shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the Act, this chapter, or the permit during three or more inspections of the permit area within any 12-month period. If, after such review, the director determines that a pattern of violations exists or has existed, he shall issue a show cause order as provided in subdivision (a) (1) of this section.

(4)(i) In determining the number of violations within any 12-month period, the director shall consider only violations issued as a result of an inspection carried out pursuant to 4VAC25-130-840.11, 4VAC25-130-842.11 and 4VAC25-130-842.12.

(ii) The director may not consider violations issued as a result of inspections other than those mentioned in subdivision (a) (4) (i) of this section in determining whether to exercise his discretion under subdivision (a) (2) of this section, except as evidence of the "willful" or "unwarranted" nature of the permittee's failure to comply.

(5) Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the division shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this section, and shall issue a show cause order as appropriate pursuant to 4VAC25-130-845.15(b)(2).

(b) The permittee shall have 15 days from receipt of the show cause order to file an answer and request a formal public hearing in writing. The director shall give 30 days written notice of the date, time and place of the hearing to the permittee, and any intervenor. The public hearing shall be conducted in accordance with § 2.2-4020 of the Virginia Administrative Process Act. The director shall publish the notice, if practicable, in a newspaper of general circulation in the area of the surface coal mining and reclamation operations, and shall post it at the division's Big Stone Gap office.

(c) Within 30 days after the hearing, the hearing officer shall issue a written decision as to whether a pattern of violations exists, and, if appropriate, an order. The decision and order shall be final, subject to the review and reconsideration by the director or his designee provided in subsection (e) of this section. If the decision and order revoke or suspend the permit and the permittee's right to mine under the Act, the permittee shall immediately cease surface coal mining operations on the permit area and shall:

(1) If the permit and right to mine under the Act are revoked, complete reclamation within the time specified in the order; or

(2) If the permit and the right to mine under the Act are suspended, complete all affirmative obligations to abate all conditions, practices or violations, as specified in the order.

(d) Within 14 days after the issuance of a decision or order, the permittee, or any person who participated in the hearing and who has an interest which is or may be adversely affected by the hearing officer's decision may appeal to the director, or his designee (who shall not be the same person who issued the show cause order) for review of the record and reconsideration of the hearing officer's decision. The director or his designee may also, on his own motion, with notice to the parties, made within 14 days of the hearing officer's decision, review the record and reconsider the hearing officer's decision. No further evidence will be allowed in connection with such review and reconsideration but the director or his designee may hear further arguments, and may also after considering the record, remand any case for further hearing if he considers such action necessary to develop the facts. Within 30 days of the appeal or motion for review and reconsideration, the director or his designee shall complete his review of the hearing officer's decision and issue a final decision thereon.

(e) All requests for hearing before a hearing officer, or appeals for review and reconsideration, made under this section, and all notices of appeal for judicial review of a hearing officer's final decision or a final decision on review and reconsideration, shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

(f) Any person who owns or controls or has owned or controlled any operations on which the permit has been revoked pursuant to this section may apply for reinstatement pursuant to 4VAC25-130-800.52.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-843.14 Service of notices of violation, cessation orders, and show cause orders

(a) A notice of violation, cessation order, or show cause order shall be served on the person to whom it is directed or his designated agent promptly after issuance, as follows:

(1) By tendering a copy at the coal exploration or surface coal mining and reclamation operation to the designated agent or to the individual who, based upon reasonable inquiry, appears to be in charge. If no such individual can be located at the site, a copy may be tendered to any individual at the site who appears to be an employee or agent of the person to whom the notice or order is issued. Service shall be complete upon tender of the notice or order and shall not be deemed incomplete because of refusal to accept.

(2) As an alternative to paragraph (a)(1) of this section, service may be made by sending a copy of the notice or order by certified mail or by hand to the permittee or his designated agent, or by any means consistent with the rules of the Supreme Court of Virginia governing service of a summons and complaint. Service shall be complete upon tender of the notice or order or of the certified mail and shall not be deemed incomplete because of refusal to accept.

(b) The permittee may designate, in writing to the division, the person who may accept service of any notice or order.

(c) The division may furnish copies of notices and orders to any person having an interest in the coal exploration, surface coal mining and reclamation operation, or the permit area, such as the surface and mineral owner, corporate officer of the permittee or entity conducting coal exploration, or the bonding company.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-843.15 Informal public hearing

(a) A notice of violation or cessation order which requires cessation of mining, expressly or by necessary implication, shall expire within 30 days after it is served unless an informal public hearing is held or if the notice or order is terminated prior to the hearing. Expiration of a notice or order shall not affect the division's right to assess civil penalties for the violations as set forth in part 845. For purposes of this section, mining includes (1) extracting coal from the earth or coal waste piles and transporting it within or from the permit area, and (2) the processing, cleaning, concentrating, preparing or loading of coal where such operations occur at a place other than at a mine site.

(b) A person issued a notice of violation or cessation order pursuant to this part may request, in writing within 15 days from service of the notice or order, an informal public hearing to review the issuance of the notice or order. The written request must be submitted to the division's Big Stone Gap Office.

(c) The division shall conduct the informal hearing within 30 days from receipt of the hearing request pursuant to § 2.2-4019 of the Virginia Administrative Process Act. The division shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:

(1) The person to whom the notice or order was issued; and

(2) Any person who filed a report which led to that notice or order.

(d) The division shall also post notice of the hearing at its Big Stone Gap office and, where practicable, publish it in a newspaper of general circulation in the area of the mine.

(e) An informal public hearing shall be conducted by a representative of the division, who may accept oral or written arguments and any other relevant information from any person attending.

(f) Within five days after the close of the informal public hearing, the division shall affirm, modify, or vacate the notice or order in writing. The decision shall be sent to-

(1) The person to whom the notice or order was issued; and

(2) Any person who filed a report which led to the notice or order.

(g) The granting of an informal public hearing shall not affect the right of any person to formal review under § 45.2-1025 of the Act.

(h) The person conducting the hearing for the division shall determine whether or not the mine site should be viewed during the hearing. In making this determination the only consideration shall be whether a view of the mine site will assist the person conducting the hearing in reviewing the appropriateness of the enforcement action or of the required remedial action.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-843.16 Formal review of citations

(a) A person issued a notice of violation or cessation order under 4VAC25-130-843.11 or 4VAC25-130-843.12, or a person having an interest which is or may be adversely affected by the issuance, modification, vacation, or termination of a notice or order may request review of that action by filing an application for formal review and request for hearing, under § 45.2-1025 of the Act, within 30 days after receiving notice of the action. A person may also request formal review of the decision rendered under 4VAC25-130-843.15, if the request is submitted within 15 days of receipt of the informal public hearing decision.

(b) The filing of an application for review and request for a hearing under this section shall not operate as a stay of any notice or order, or of any modification, termination, or vacation of either.

(c) Hearings under subsection (a) of this section shall be conducted by a hearing officer appointed by the director. Within 30 days after the close of the record, the hearing officer shall issue a written decision affirming, modifying, terminating, or vacating the notice or order. The decision shall be final, subject to the review and reconsideration by the director or his designee provided in subsection (d) of this section.

(d) Within 14 days after the issuance of a decision the permittee, or any person who participated in the hearing and who has an interest which is or may be adversely affected by the hearing officer's decision, may appeal to the director or his designee for review of the record and reconsideration of the hearing officer's decision. The director or his designee may also, on his own motion, with notice to the parties, made within 14 days of the hearing officer's decision, review the record and reconsider the hearing officer's decision. No further evidence will be allowed in connection with such review and reconsideration but the director or his designee may hear further arguments and may also, after considering the record remand any case for further hearing if he considers such action necessary to develop the facts. Within 30 days of the appeal or motion for review and reconsideration, the director or his designee shall complete his review of the hearing officer's decision and issue a final decision thereon.

(e) All requests for hearing before a hearing officer, or appeals for review and reconsideration, made under this section, and all notices of appeal for judicial review of a hearing officer's final decision, or a final decision on review and reconsideration, shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-843.18 Inability to comply

(a) No cessation order or notice of violation issued under this Part may be vacated because of inability to comply.

(b) Inability to comply may not be considered in determining whether a pattern of violations exists.

(c) Unless caused by lack of diligence, inability to comply may be considered only in mitigation of the amount of civil penalty under Part 845 and of the duration of the suspension of a permit under 4VAC25-130-843.13(c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 843.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 845 Civil Penalties

4VAC25-130-845.2 Objective

Civil penalties are assessed under § 45.2-1021 of the Act and this Part to deter violations and to ensure maximum compliance with the terms and purposes of the Act on the part of the coal mining industry.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-845.11 Assessment determination

The division shall review each notice of violation and cessation order in accordance with the assessment procedures described in 4VAC25-130-845.12, 4VAC25-130-845.13, 4VAC25-130-845.15, and 4VAC25-130-845.16 to determine whether a civil penalty will be assessed, the amount of the penalty, and whether each day of continuing violation will be deemed a separate violation for purposes of the total penalty assessed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-845.12 When a penalty will be assessed

(a) The division shall assess a penalty for each cessation order.

(b) The division may assess a penalty for each notice of violation. In determining whether to assess a penalty, the division shall consider the seriousness of the violation, the permittee's previous history of violations, the degree of negligence, and the permittee's good faith in attempting to achieve rapid compliance after notification of the violation, as described in 4VAC25-130-845.13.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-845.13 Point system

The division shall use the point system described in this section to determine the amount of the penalty.

(a) Seriousness. The division shall assign up to 10 points based on the seriousness of the violation in accordance with the following.

Points:

0 No actual or potential damage to the environment or threat to public health and safety.

1-2 Slight actual or potential damage to the environment and no actual or potential threat to public health and safety; also violations of administrative requirements which can be quickly corrected and which do not obstruct enforcement by the division.

3-4 Moderately significant actual or potential damage to the environment which can be corrected promptly; also actual or potential minor hazard to the public health and safety; also violations of administrative requirements which can be corrected after some delay, and which tend to hamper or obstruct enforcement by the division.

5-6 Moderately significant actual or potential damage to the environment which can be corrected only after a substantial effort or period of time; also actual or potential moderately significant hazard to the public health and safety.

7-8 Substantial actual or potential damage to the environment which can be corrected only after a substantial effort or period of time; also extremely serious potential damage to the environment; also substantial actual or potential damage to the public health and safety.

9-10 Extremely serious actual damage to the environment; also extreme actual or potential hazards to the public health and safety.

(b) Negligence.

(1) The division shall assign up to six points based on the degree of fault of the person to whom the notice or order was issued in causing or failing to correct the violation, condition, or practice which led to the notice or order, either through act or omission. Points shall be assessed as follows:

(A) A violation which occurs through no negligence shall be assigned no penalty points for negligence;

(B) A violation which is caused by negligence shall be assigned three points or less, depending on the degree of negligence;

(C) A violation which occurs through a greater degree of fault than negligence shall be assigned four to six points, depending on the degree of fault.

(2) In determining the degree of negligence, involved in a violation and the number of points to be assigned, the following definitions apply:

(A) No negligence means an inadvertent violation which was unavoidable by the exercise of reasonable care.

(B) Negligence means the failure of a permittee to prevent the occurrence of any violation of the permit or any requirement of the Act or this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or the Act due to indifference, lack of diligence, or lack of reasonable care.

(3) In calculating points to be assigned for negligence, the acts of all persons working on the coal exploration or surface coal mining and reclamation site shall be attributed to the person to whom the notice or order was issued, unless that person establishes that they were acts of deliberate sabotage.

(1) The division shall deduct from the total points assigned under subsections (a) and (b) of this section points based on the demonstrated good faith of the permittee in attempting to achieve rapid compliance after notification of the violation. Points shall be deducted as follows:

(i) three to four points shall be deducted when the permittee to whom the notice or order was issued took extraordinary measures to abate the violation in the shortest possible time and that abatement was achieved before the time set for abatement.

(ii) one to two points shall be deducted when the permittee to whom the notice or order was issued took prompt and diligent efforts to promptly abate the violation and that abatement was achieved before the time set for abatement.

(2) If the consideration of this criterion is impractical because of the length of the abatement period, the calculation of points may be made without considering this criterion and may be re-calculated after the violation has been abated.

(d) Determination of base penalty.

The division shall determine the base amount of any civil penalty by converting the total number of points calculated under subsections (a), (b), and (c) of this section to a dollar amount, according to the following schedule:

| Points | Dollars | | Points | Dollars | | --- | --- | --- | --- | --- | | 1 | 50 | | 9 | 1050 | | 2 | 100 | | 10 | 1350 | | 3 | 175 | | 11 | 1700 | | 4 | 250 | | 12 | 2050 | | 5 | 325 | | 13 | 2400 | | 6 | 400 | | 14 | 2750 | | 7 | 475 | | 15 | 3100 | | 8 | 750 | | 16 | 3500 |

(e) Credit and additional penalties for previous history.

(1) Except for a violation that resulted in personal injury or fatality to any person, the division shall reduce the base penalty determined under subsection (d) of this section by 10% if the permittee has had no violations cited by the division within the preceding 12-month period.

(2) The division shall add to the base penalty determined under subsection (d) of this section additional sums for the permittee's previous history of violations as follows:

(i) Twenty dollars for each violation contained in a notice of violation, up to 10 of such violations;

(ii) Fifty dollars for each violation contained in a notice of violation, in excess of 10 violations;

(iii) One hundred dollars for each violation contained in a cessation order.

(3) A violation shall not be counted if the notice or order is the subject of pending administrative or judicial review or if the time to request such review has not expired, and thereafter it shall be counted for only one year; provided however, that a violation which is subject to administrative or judicial review, or for which the time to request such review has not expired, shall not be disregarded for the purpose of obtaining a 10% reduction pursuant to subdivision (e)(1) of this section, unless such administrative or judicial review results in the vacation of the penalty.

(4) No violation for which the notice or order has been vacated shall be counted.

(5) Each violation shall be counted without regard to whether it led to a civil penalty assessment.

(f) The maximum penalty which the division may assess under this section for each cessation order or notice of violation shall be $5,000, except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty determined under subsection (d) of this section shall be multiplied by a factor of 20, not to exceed $70,000. As provided in 4VAC25-130-845.15, each day of continuing violation may be deemed a separate violation for the purpose of assessing penalties.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 23, Issue 13, eff. April 4, 2007.

4VAC25-130-845.15 Assessment of separate violations for each day

(a) The division may assess separately a civil penalty for each day from the date of issuance of the notice of violation or cessation order to the date set for abatement of the violation. In determining whether to make such an assessment, the division shall consider the factors listed in 4VAC25-130-845.13 and may consider the extent to which the person to whom the notice or order was issued gained any economic benefit as a result of a failure to comply. For any violation which continues for two or more days and which has been assigned a penalty of $5,000 or more under 4VAC25-130-845.13, the division shall assess a penalty for a minimum of two separate days.

(b) In addition to the civil penalty provided for in subsection (a) of this section, whenever a violation contained in a notice of violation or cessation order has not been abated within the abatement period set in the notice or order or as subsequently extended pursuant to § 45.2-1020 of the Act, a civil penalty of not less than $750 shall be assessed for each day during which such failure to abate continues, except that:

(1)(i) If suspension of the abatement requirements of the notice or order is ordered in a temporary relief proceeding under § 45.2-1025 of the Act, after a determination that the person to whom the notice or order was issued will suffer irreparable loss or damage from the application of the requirements, the period permitted for abatement shall not end until the date on which the director or his authorized representative issues a final order with respect to the violation in question; and

(ii) If the person to whom the notice or order was issued initiates review proceedings under § 45.2-1027 of the Act with respect to the violation, in which the obligations to abate are suspended by the court pursuant to § 45.2-1027 of the Act, the daily assessment of a penalty shall not be made for any period before entry of a final order by the court;

(2) Such penalty for the failure to abate the violation shall not be assessed for more than 30 days for each such violation. If the permittee has not abated the violation within the 30 day period, the division shall take appropriate action pursuant to §§ 45.2-1020 and 45.2-1021 of the Act within 30 days to ensure that abatement occurs or to ensure that there will not be a reoccurrence of the failure to abate.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-845.16 Waiver of use of formula to determine civil penalty

(a) The Director or his designee, upon his own initiative or upon written request received within 15 days of issuance of a notice of violation or a cessation order, may waive the use of the formula contained in 4VAC25-130-845.13 to set the civil penalty, if he determines that, taking into account exceptional factors present in the particular case, the penalty is demonstrably unjust. However, the Director or his designee shall not waive the use of the formula or reduce the proposed assessment on the basis of an argument that a reduction in the proposed penalty could be used to abate violations of the Act, this chapter, or any condition of any permit or exploration approval. The basis for every waiver shall be fully explained and documented in the records of the case.

(b) If the Director or his designee waives the use of the formula, he shall use the criteria set forth in 4VAC25-130-845.13 to determine the appropriate penalty. When the Director or his designee has elected to waive the use of the formula, he shall give a written explanation of the basis for the assessment made to the person to whom the notice or order was issued.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.16, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-845.17 Procedures for assessment of civil penalties

(a) Within 15 days of service of a notice or order, the person to whom it was issued may submit written information about the violation to the division and to the inspector who issued the notice of violation or cessation order. The division shall consider any information so submitted in determining the facts surrounding the violation and the amount of the penalty.

(b) The division shall serve a copy of the proposed assessment and the computation of the proposed assessment on the person to whom the notice or order was issued, by certified mail, or by any means consistent with the Rules of the Supreme Court of Virginia governing service of a summons or complaint, within 30 days of the issuance of the notice or order.

(1) If the mail is tendered at the address of that person set forth in the sign required under 4VAC25-130-816.11 or 4VAC25-130-817.11, or at any address at which that person is in fact located, and the person refuses to accept delivery of or to collect such documents, the requirements of this paragraph shall be deemed to have been complied with upon such tender. It is the permittee's responsibility to ensure the division has his current address.

(2) Failure by the division to serve any proposed assessment within 30 days shall not be grounds for dismissal of all or part of such assessment unless the person against whom the proposed penalty has been assessed—

(i) Proves actual prejudice as a result of the delay; and

(ii) Makes a timely objection to the delay. An objection shall be timely only if made in the normal course of administrative review.

(c) Unless a conference has been requested, the division shall review and reassess any penalty if necessary to consider facts which were not reasonably available on the date of issuance of the proposed assessment because of the length of the abatement period. The division shall serve a copy of any such reassessment in the manner provided in paragraph (b), within 30 days after the date the violation is abated.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-845.18 Procedures for assessment conference

(a) The division shall arrange for a conference to review the proposed assessment or reassessment, upon written request of the person to whom notice or order was issued, if the request is received within 30 days from the date the proposed assessment or reassessment is served.

(b)(1) The division shall assign a conference officer to hold the assessment conference. The assessment conference shall be conducted as an informal proceeding in accordance with § 2.2-4019 of the Code of Virginia. The assessment conference shall be held within 60 days from the date the conference request is received or the end of the abatement period, whichever is later. Provided that a failure by the division to hold such conference within 60 days shall not be grounds for dismissal of all or part of an assessment unless the person against whom the proposed penalty has been assessed proves actual prejudice as a result of the delay.

(2) The division shall post notice of the time and place of the conference at the division's office in Big Stone Gap or field office located closest to the mine at least five days before the conference. Any person shall have a right to attend and participate in the conference.

(3) The conference officer shall consider all relevant information on the violation. Within 30 days after the conference is held, the conference officer shall either:

(i) Settle the issue, in which case a settlement agreement shall be prepared and signed by the division and by the person assessed; or

(ii) Affirm, raise, lower, or vacate the penalty.

(4) An increase or reduction of a proposed civil penalty assessment of more than 25% and more than $500 shall not be final and binding on the division, until approved by the director or his designee.

(c) The division shall promptly serve the person assessed with a notice of the conference decision in the manner provided in 4VAC25-130-845.17 (b) and shall include a worksheet if the penalty has been raised or lowered. The reasons for the conference officer's action shall be fully documented in the file.

(d)(1) If a settlement agreement is entered into, the person assessed will be deemed to have waived all rights to further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement. The settlement agreement shall contain a clause to this effect.

(2) If full payment of the amount specified in the settlement agreement is not received by the division within 30 days after that date of signing, the division may enforce the agreement or rescind it and proceed according to subdivision (b)(3)(ii) of this section within 30 days from the date of the rescission.

(e) The conference officer may terminate the conference if it is determined that the issues cannot be resolved or that the person assessed is not diligently working toward resolution of the issues.

(f) At any formal review proceedings under §§ 45.2-1020, 45.2-1021, and 45.2-1025 of the Act, no evidence as to statements made or evidence produced by one party at a conference shall be introduced as evidence by another party or to impeach a witness.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-845.19 Request for hearing

(a) The person charged with the violation may contest the proposed penalty or the fact of the violation by submitting a petition and an amount equal to the proposed penalty or, if a conference has been held, the reassessed or affirmed penalty to the division (to be held in escrow as provided in subsection (b) of this section) within 30 days from receipt of the proposed assessment or reassessment or 30 days from the date of service of the assessment conference decision, whichever is later. The fact of the violation may not be contested if it has been decided in a review proceeding commenced under 4VAC25-130-843.16.

(b) The division shall transfer all funds submitted under subsection (a) of this section to the State Treasurer's Office which shall hold them in escrow pending completion of the administrative and judicial review process, at which time it shall disburse them as provided in 4VAC25-130-845.20.

(c) The hearing requested pursuant to a petition filed under subsection (a) of this section shall be conducted as a formal hearing in accordance with the provisions of § 2.2-4020 of the Code of Virginia. The hearing officer shall cause an accurate verbatim record of the hearing to be made. The division may charge the reasonable cost of preparing such record to any party to the hearing who requests a copy of the record.

(d) All requests for hearing, or appeals for review and reconsideration made under this section; and all notices of appeal for judicial review of a hearing officer's final decision, or the final decision on review and reconsideration shall be filed with the Director, Division of Mined Land Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap, Virginia 24219.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-845.20 Final assessment and payment of penalty

(a) If the person to whom a notice of violation or cessation order is issued fails to request a hearing as provided in 4VAC25-130-845.19, the proposed assessment shall become a final order of the Director and the penalty assessed shall become due and payable upon expiration of the time allowed to request a hearing.

(b) If any party requests judicial review of a final order of the Director, the proposed penalty shall continue to be held in escrow until completion of the review. Otherwise, subject to Paragraph (c) of this section, the escrowed funds shall be transferred to the State Treasurer's Office in payment of the penalty, and the escrow shall end.

(c) If the final decision in the administrative and judicial review results in an order reducing or eliminating the proposed penalty assessed under this Part, the division shall within 30 days of receipt of the order refund to the person assessed all or part of the escrowed amount, with accrued interest from the date of payment into escrow to the date of the refund.

(d) If the review results in an order increasing the penalty, the person to whom the notice or order was issued shall pay the difference to the division within 15 days after the order is mailed to such person.

(e) Failure to submit the penalty amount to the division shall result in the issuance of a show cause order pursuant to 4VAC25-130-843.13.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 845.20, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 846 Individual Civil Penalties

4VAC25-130-846.2 (Repealed.)

History

Historical Notes: Derived from VR480-03-19 § 846.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; repealed, Virginia Register Volume 29, Issue 13, eff. March 27, 2013.

4VAC25-130-846.12 When an individual civil penalty may be assessed

(a) Except as provided in Paragraph (b) of this section, the division may assess an individual civil penalty against any corporate director, officer or agent of a corporate permittee who knowingly and willfully authorized, ordered or carried out a violation, failure, or refusal.

(b) The division shall not assess an individual civil penalty in situations resulting from a permit violation by a corporate permittee until a cessation order has been issued by the division to the corporate permittee for the violation, and the cessation order has remained unabated for 30 days.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 846.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-846.14 Amount of the individual civil penalty

(a) In determining the amount of an individual civil penalty, the division shall consider the criteria specified in § 45.2-1021 of the Act, including:

(1) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;

(2) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and,

(3) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.

(b) The penalty shall not exceed $5,000 for each violation, except that if the violation resulted in a personal injury or fatality to any person, then the civil penalty determined under 4VAC25-130-845.13 (d) shall be multiplied by a factor of 20, not to exceed $70,000. Each day of a continuing violation may be deemed a separate violation and the division may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the director, until abatement or compliance is achieved.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 846.2, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; repealed, Virginia Register Volume 29, Issue 13, eff. March 27, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-846.17 Assessment of an individual civil penalty

(a) Notice. The division shall serve, by certified mail, each individual to be assessed a penalty under this Part a notice of proposed individual civil penalty assessment, including a narrative explanation of the reasons for the penalty, the amount to be assessed, and a copy of any underlying notice of violation and cessation order.

(b) Final order and opportunity for review. The notice of proposed individual civil penalty assessment shall become a final order of the director 30 days after service upon the individual, unless:

(1) The individual submits a written request for formal review of the penalty to the division within 30 days of service of the notice of proposed individual civil penalty assessment; or

(2) The division and the individual or responsible corporate permittee agree within 30 days of service of the notice of proposed individual civil penalty to a schedule or plan for the abatement or correction of the violation, failure or refusal.

(c) Service. For purposes of this section, service shall be performed on the individual to be assessed an individual civil penalty, by certified mail, or by any alternative means consistent with the Rules of the Supreme Court of Virginia governing service of a summons and complaint. Service shall be complete upon tender of the notice of proposed assessment and included information or of the certified mail and shall not be deemed incomplete because of refusal to accept.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 846.17, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Virginia Register Volume 15, Issue 6, eff. January 6, 1999.

4VAC25-130-846.18 Penalty payment

(a) If a notice of proposed individual civil penalty assessment becomes a final order in the absence of a request for formal review or an abatement agreement, the penalty shall be due upon issuance of the final order.

(b) If an individual named in the notice of proposed individual civil penalty assessment timely requests formal review under 4VAC25-130-846.17(b)(1), the penalty shall be due upon issuance of the final administrative order affirming, increasing or decreasing the proposed penalty.

(c) Abatement agreement. Where the division and corporate permittee or individual have agreed in writing on a plan for the abatement of or compliance with the unabated order, the individual named in the notice may postpone payment of the penalty until receiving either:

(1) A final order from the division stating that the penalty is due (whereupon, payment must be submitted within 30 days); or,

(2) A written notice from the division stating that abatement or compliance has been satisfactorily accomplished and the penalty has been withdrawn.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 846.18, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 850 Training, Examination, and Certification of Blasters

4VAC25-130-850.1 Scope

This Part establishes the procedures for training, examination and certification of persons engaged in or directly responsible for the use of explosives in surface coal mining operations (as defined in 4VAC25-130-700.5).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.1, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-850.5 Definition

As used in this Part, "Blaster" means a person directly responsible for the use of explosives in surface coal mining operations who is certified under this Part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.5, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-850.12 Effective date

Not later than 12 months following the approval by the Secretary of this Subchapter, all blasting operations shall be conducted under the direction of a certified blaster. Before that time, all such blasting operations shall be conducted by competent, experienced persons who understand the hazards involved, and who are certified by the Division of Mines (DM).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-850.13 Training

(a) Persons seeking to become certified as blasters may receive training by contacting the DM office in Big Stone Gap. The training includes, but is not limited to, the technical aspects of blasting operations and State and Federal laws governing the storage, transportation, and use of explosives; and

(b) Persons who are not certified and who are assigned to a blasting crew or assist in the use of explosives shall receive direction and on-the-job training from a blaster.

(1) Explosives, including:

(i) Selection of the type of explosive to be used;

(ii) Determination of the properties of explosives which will produce desired results at an acceptable level of risk; and

(iii) Handling, transportation, and storage;

(2) Blast designs, including:

(i) Geologic and topographic considerations;

(ii) Design of a blast hole, with critical dimensions;

(iii) Pattern design, field layout, and timing of blast holes; and

(iv) Field applications;

(3) Loading blast holes, including priming and boostering;

(4) Initiation systems and blasting machines;

(5) Blasting vibrations, airblasts and flyrock, including:

(i) Monitoring techniques, and

(ii) Methods to control adverse affects;

(6) Secondary blasting applications;

(7) Current Federal and State rules applicable to the use of explosives;

(8) Blast records;

(9) Schedules;

(10) Preblasting surveys, including:

(i) Availability,

(ii) Coverage, and

(iii) Use of in-blast designs;

(11) Blast plan requirements;

(12) Certification and training;

(13) Signs, warning signals, and site control;

(14) Unpredictable hazards, including:

(i) Lightning,

(ii) Stray currents,

(iii) Radio waves, and

(iv) Misfires.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-850.14 Examination

(a) The division shall insure that candidates for blaster certification are examined by reviewing and verifying:

(1) The person has passed the DM written examination covering blasting practices, transportation and storage of explosives, DM rules and regulations, and blast controls; and

(2) The person has also passed the division's Blaster's Coal Surface Mining Endorsement Test covering Part 850, 4VAC25-130-816.61 through 4VAC25-130-816.68 and 4VAC25-130-817.61 through 4VAC25-130-817.68; and

(3) The person must file an application and furnish proof of experience to the DM's Board of Mine Examiners. The minimum experience shall be at least one year of practical blasting field experience.

(b) Applicants for blasters certification shall be examined, by both the division and DM at a minimum, in the topics set forth in 4VAC25-130-850.13(c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-850.15 Certification

(a) The division shall issue the blaster's coal surface mining endorsement for a period of five years to those candidates examined and found to be competent and has met the requirements as described in 4VAC25-130-850.13 and 4VAC25-130-850.14.

(b) Suspension and revocation:

(1) The division, when practicable, following written notice and opportunity for a hearing may, and upon a finding of willful conduct by the DM Board of Coal Mine Examiners, shall suspend or revoke the blaster's coal surface mining endorsement certification during the term of the certification or take other necessary action for any of the following reasons:

(i) Non-compliance with any blasting related order issued by the division or DM;

(ii) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs;

(iii) Violation of any provision of the State or Federal explosives laws or regulations;

(iv) Providing false information or a misrepresentation to obtain certification.

(2) If advance notice and opportunity for a hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.

(1) Presenting written proof that the individual has worked in a capacity which demonstrates the blaster's competency during two of the last three years immediately preceding the expiration date; or

(2) Retaking the division's endorsement exam and achieving the required score on the exam. Anyone who fails to achieve the required score on the exam must take or retake the training prior to retaking both the division's and DM's exam.

(d) Protection of certification. Certified blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the division.

(e) Conditions:

(1) A blaster shall immediately exhibit upon request his or her certificate to any authorized representative of the division, DM, or the Office of Surface Mining.

(2) Blaster's certification shall not be assigned or transferred.

(3) Blasters shall not delegate their responsibility to any individual who is not a certified blaster.

(f) Petitions for recertification.

An individual whose certification has been revoked may petition the DMLR for recertification. The DMLR shall not accept a petition for recertification any sooner than one year from the effective date of revocation. Such petitions shall show valid reasons why the division should consider the request for recertification. The division may require retesting prior to recertification.

(g) Appeals procedures.

Appeals for review of certification including suspension and revocation decisions shall be made to the DMLR. Appeals not resolved by the DMLR may be heard pursuant to the provisions for administrative and judicial review under Chapter 10 ( § 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 850.5, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994; Volume 38, Issue 13, eff. March 31, 2022.

Part 874 General Reclamation Requirements

4VAC25-130-874.12 Eligible coal lands and water

Coal lands and water are eligible for reclamation activities if-

(a) They were mined for coal or affected by coal mining processes;

(b) They were mined prior to August 3, 1977, and left or abandoned in either an unreclaimed or inadequately reclaimed condition; and

(c) There is no continuing responsibility for reclamation by the operator, permittee, or agent of the permittee under statutes of the Commonwealth or Federal government, or as a result of bond forfeiture. Bond forfeiture will render lands or water ineligible only if the amount forfeited is sufficient to pay the total cost of the necessary reclamation. In cases where the forfeited bond is insufficient to pay the total cost of reclamation, additional moneys from the Fund may be sought under 30 CFR 886.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 874.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-874.13 Reclamation objectives and priorities

Reclamation projects shall reflect the priorities set out in section 403 of the Federal Act (30 USC § 1233) and should be accomplished in accordance with the OSM's "Final Guidelines for Reclamation Programs and Projects" (45 CFR 14810-14819, March 6, 1980).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 874.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 877 Rights of Entry

4VAC25-130-877.11 Written consent for entry

Written consent from the owner of record and lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out reclamation activities. Nonconsensual entry by exercise of the police power will be undertaken only after reasonable efforts have been made to obtain written consent.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 877.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-877.13 Entry and consent to reclaim

(a) The Director or his authorized agents, or contractors may enter upon land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained.

(b) If consent is not obtained, then, prior to entry under this section, the Director shall find in writing, with supporting reasons that-

(1) Land or water resources have been or may be adversely affected by past coal mining practices;

(2) The adverse effects are at a state where, in the interest of the public health, safety, or the general welfare, action to restore, reclaim, abate, control, or prevent should be taken; and

(3) The owner of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices is not known or readily available, or the owner will not give permission for the Director or his authorized agents, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the effects of past coal mining practices.

(c) If consent is not obtained, the Director shall give notice of his intent to enter for purposes of conducting reclamation at least 30 days before entry upon the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where it is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required by this section may be inspected or obtained.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 877.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-877.14 Entry for emergency reclamation

(a) The Director may enter into agreements with the Secretary of the Interior for the emergency restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. The Director, his authorized agents, or contractors shall have the right to enter upon any land where an emergency exists and on any other land to have access to the land where the emergency exists to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices and to do all things necessary to protect the public health, safety, or general welfare.

(b) Prior to entry under this section, the Director shall make a written finding with supporting reasons that the situation qualifies as an emergency in accordance with the requirements set out in Section 410 of the Federal Act.

(c) Notice to the owner shall not be required prior to entry for emergency reclamation. The Director shall make reasonable efforts to notify the owner and obtain consent prior to entry, consistent with the emergency conditions that exist. Written notice shall be given to the owner as soon after entry as practical in accordance with the requirements of 4VAC25-130-877.13(c).

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 877.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 879 Acquisition, Management, and Disposition of Lands and Water

4VAC25-130-879.11 Land eligible for acquisition

(a) Land adversely affected by past coal mining practices may be acquired by the Director with moneys from the Fund if approved in advance by the OSM. The Director shall find in writing that acquisition is necessary for successful reclamation and that-

(1) The acquired land will serve recreation, historic, conservation, and reclamation purposes or provide open space benefits after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; and

(2) Permanent facilities will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(b)(1) Coal refuse disposal sites and all coal refuse thereon may be acquired with moneys from the Fund by the Director if approved in advance by the OSM. Prior to the approval of the acquisition of such sites, the Director shall find in writing that the acquisition of such land is necessary for successful reclamation and will serve the purposes of the Abandoned Mine Land Reclamation Program.

(2) Where an emergency situation exists and a written finding as set out in 4VAC25-130-877.14 has been made, the Director may use Fund moneys to acquire lands where public ownership is necessary to meet an emergency situation and prevent recurrence of the adverse effects of past coal mining practices.

(c) Land adversely affected by past coal mining practices may be acquired by the Director if the acquisition with moneys from the Fund is an integral and necessary element of an economically feasible plan or project to construct or rehabilitate housing which meets the specific requirements set out in section 407(h) of the Federal Act.

(d) Land or interests in land needed to fill voids, seal abandoned tunnels, shafts, and entryways or reclaim surface impacts of underground or surface mines may be acquired by the Director if he determines that acquisition is necessary under 4VAC25-130-874.12(a), (b), and (c).

(e) The Director shall acquire only such interests in the land as are necessary for the reclamation work planned or the postreclamation use of the land. Interests in improvements on the land, mineral rights, or associated water rights may be acquired if-

(1) The customary practices and laws of the Commonwealth will not allow severance of such interests from the surface estate; or

(2) Such interests are necessary for the reclamation work planned or for the postreclamation use of the land; and

(3) Adequate written assurances cannot be obtained from the owner of the severed interest that future use will not be in conflict with the reclamation to be accomplished.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 879.11, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-879.12 Procedures for acquisition

(a) An appraisal of all land or interest in land to be acquired shall be obtained by the Director. The appraisal shall state the fair market value of the land as adversely affected by past mining.

(b) When practical, acquisition shall be by purchase from a willing seller. The amount paid for land or interests in land acquired shall reflect the fair market value of the land or interests in land as adversely affected by past mining.

(c) When necessary, land or interests in land may be acquired by condemnation. Condemnation procedures shall not be started until all reasonable efforts have been made to purchase the land or interests in lands from a willing seller.

(d) The Director shall comply, at a minimum, with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, Chapter 6 (§ 25-235 et seq.) of Title 25 of the Code of Virginia.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 879.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-879.13 Acceptance of gifts of land

(a) The Director may accept donations of title to land or interests in land if the land proposed for donation meets the requirements set out in 4VAC25-130-879.11.

(b) Offers to make a gift of land or interest in land to the Commonwealth shall be in writing and comply with the laws and regulations of the Commonwealth for land donations.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 879.13, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-879.14 Management of acquired land

Land acquired under this Part may be used for any lawful purpose that is consistent with the necessary reclamation activities. Procedures for collection of user charges or the waiver of such charges by the Director shall provide that all user fees collected shall be deposited in the Fund.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 879.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-879.15 Disposition of reclaimed land

(a) Prior to the disposition of any land acquired under this Part, the Director shall publish a notice of proposed land disposition, hold public hearings, if requested, and make written findings in accordance with the authority contained in Section 407(g)(2) of the Federal Act.

(b) The Director may transfer, with the approval of the OSM, administrative responsibility for land acquired to any agency or political subdivision of the Commonwealth or Federal department or agency with or without cost to that entity. The agreement under which a transfer is made shall specify-

(1) The purposes for which the land may be used, which shall be consistent with the authorization under which the land was acquired; and

(2) That the title of administrative responsibility for the land shall revert to the Director if, at any time in the future, the Director finds that the land is not used for the purposes specified.

(c) The Director, may with approval by the OSM, transfer title to abandoned and unreclaimed land to the United States, to be reclaimed and administered by the OSM. The Director may purchase such land from the OSM after reclamation is completed. The price to be paid shall be the fair market value of the land in its reclaimed condition less any portion of the land acquisition price paid by the Commonwealth.

(d) The Director may sell land acquired and reclaimed under this Part, except that acquired for housing under 4VAC25-130-879.11(c), to local government at less than fair market value but in no case less than purchase price plus reclamation cost provided such land is used for a valid public purpose.

(e) The Director may transfer or sell land acquired for housing under 4VAC25-130-879.11(c), with or without monetary consideration, to any political subdivision of the Commonwealth, or to any firm, association, or corporation. The conditions of transfer or sale shall be in accordance with section 407(h) of the Federal Act.

(f) The Director, with the approval of the OSM, may transfer title for land acquired for housing under 4VAC25-130-879.11(c) under such terms and conditions as required to--

(1) A department, agency, or instrumentality of the Commonwealth; or

(2) Any public body or nonprofit organization designated by the Commonwealth.

(g)(1) The Director may sell the land acquired under this Part by public sale if-

(i) Such land is suitable for industrial, commercial, residential, or recreational development;

(ii) Such development is consistent with local, State, or Federal land use plans for the area in which the land is located; and

(iii) Retention by the Director or disposal under other Paragraphs of this section is not in the public interest.

(2) Disposal procedures will be in accordance with Section 407(g) of the Federal Act and applicable requirements of the Commonwealth.

(3) The Commonwealth may transfer title or administrative responsibility for land to cities, municipalities, or quasi-governmental bodies, provided that the Commonwealth provide for the reverter of the title or administrative responsibility if the land is no longer used for the purposes originally proposed.

(h) All moneys received from disposal of land under this Part shall be deposited in the Fund.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 879.15, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Part 882 Reclamation on Private Land

4VAC25-130-882.12 Appraisals

(a) A notarized appraisal of private land to be reclaimed which may be subject to a lien under 4VAC25-130-882.13 shall be obtained from an independent appraiser. The appraisal shall state-

(1) The estimated fair market value of the property in its unreclaimed condition; and

(2) The estimated fair market value of the property as reclaimed.

(b) This appraisal shall be made prior to start of reclamation activities. The division shall furnish to the appraiser information of sufficient detail in the form of plans, factual data, specifications, etc., to make such appraisals. When reclamation requires more than six months to complete, an updated appraisal under Paragraph (a)(2) of this section shall be made to determine if the increase in value as originally appraised has actually occurred. Such updated appraisal shall not include any increase in value of the land as unreclaimed. If the updated appraised value results in lower increase in value, such increase shall be used as a basis for the lien. However, an increase in value resulting from the updated appraisal shall not be considered in determining a lien. The Commonwealth shall provide appraisal standards for projects consistent with generally acceptable appraisal practice.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 882.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

4VAC25-130-882.13 Liens

(a) The Director has the discretionary authority to place or waive a lien against land reclaimed if the reclamation results in a significant increase in the fair market value; except that-

(1) A lien shall not be placed against the property of a surface owner who acquired title prior to May 2, 1977, and who did not consent to, participate in, or exercise control over the mining operation which necessitated the reclamation work.

(2) The basis for making a determination of what constitutes a significant increase in market value or what factual situation constitutes a waiver of lien will be made by the Director pursuant to the Congressional intent expressed in Section 408 of the Federal Act and consistent with the laws of the Commonwealth governing liens.

(3) A lien may be waived if findings made prior to construction indicate that the reclamation work to be performed on private land shall primarily benefit the health, safety, or environmental values of the greater community or area in which the land is located; or if the reclamation is necessitated by an unforeseen occurrence, and the work performed to restore that land will not result in a significant increase in the market value of the land as it existed immediately before the unforeseen occurrence; and

(4) The Director may waive the lien if the cost of filing it, including indirect costs to the Commonwealth, exceeds the increase in fair market value as a result of reclamation activities.

(b) If a lien is to filed, the Director shall, within six months after the completion of the reclamation work, file a statement in the office having responsibility under applicable law for recording judgments and placing liens against land. Such statement shall consist of notarized copies of the appraisals obtained under 4VAC25-130-882.12 and may include an account of moneys expended for the reclamation work. The amount reported to be the increase in value of the property shall constitute the lien to be recorded in compliance with laws of the Commonwealth; Provided, however, That prior to the time of actual filing of the proposed lien, the landowner shall be notified of the amount of the proposed lien and shall be allowed a reasonable time to prepay that amount instead of allowing the lien to be filed against the property involved.

(c) Within 60 days after the lien is filed the landowner may petition under local law to determine the increase in market value of the land as a result of reclamation work. Any aggrieved party may appeal in the manner provided by § 45.2-1040 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 882.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-130-882.14 Satisfaction of liens

(a) A lien placed on private property shall be satisfied, to the extent of the value of the consideration received, at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property.

(b) The Director, when a lien is filed on private property, shall maintain or renew it from time to time as may be required under laws of the Commonwealth or local law.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Historical Notes: Derived from VR480-03-19 § 882.14, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Chapter 150 Virginia Gas and Oil Regulation

Article 1 General Information

4VAC25-150-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Act" means the Virginia Gas and Oil Act, Chapter 16 ( § 45.2-1600 et seq.) of Title 45.2 of the Code of Virginia.

"Adequate channel" means a watercourse that will convey the designated frequency storm event without overtopping its banks or causing erosive damage to the bed, banks and overbank sections.

"Applicant" means any person or business who files an application with the Division of Gas and Oil.

"Approved" means accepted as suitable for its intended purpose when included in a permit issued by the director or determined to be suitable in writing by the director.

"Berm" means a ridge of soil or other material constructed along an active earthen fill to divert runoff away from the unprotected slope of the fill to a stabilized outlet or sediment trapping facility.

"Board" means the Virginia Gas and Oil Board.

"Bridge plug" means an obstruction intentionally placed in a well at a specified depth.

"CAS number" means the unique number identifier for a chemical substance assigned by the Chemical Abstracts Service.

"Cased completion" means a technique used to make a well capable of production in which production casing is set through the productive zones.

"Cased/open hole completion" means a technique used to make a well capable of production in which at least one zone is completed through casing and at least one zone is completed open hole.

"Casing" means all pipe set in wells except conductor pipe and tubing.

"Causeway" means a temporary structural span constructed across a flowing watercourse or wetland to allow construction traffic to access the area without causing erosion damage.

"Cement" means hydraulic cement properly mixed with water.

"Cement bond log" means an acoustic survey or sonic-logging method that records the quality or hardness of the cement used in the annulus to bond the casing and the formation.

"Centralizer" means a device secured around the casing at regular intervals to center it in the hole.

"Channel" means a natural stream or man-made waterway.

"Chemical Disclosure Registry" means the chemical registry website known as FracFocus.org developed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission.

"Chief" means the Chief of the Division of Mines of the Department of Energy.

"Coal-protection string" means a casing designed to protect a coal seam by excluding all fluids, oil, gas, or gas pressure from the seam, except such as may be found in the coal seam itself.

"Cofferdam" means a temporary structure in a river, lake, or other waterway for keeping the water from an enclosed area that has been pumped dry so that bridge foundations, pipelines, etc., may be constructed.

"Completion" means the process that results in a well being capable of producing gas or oil.

"Conductor pipe" means the short, large diameter string used primarily to control caving and washing out of unconsolidated surface formations.

"Corehole" means any hole drilled solely for the purpose of obtaining rock samples or other information to be used in the exploration for coal, gas, or oil. The term shall not include a borehole used solely for the placement of an explosive charge or other energy source for generating seismic waves.

"Days" means calendar days.

"Denuded area" means land that has been cleared of vegetative cover.

"Department" means the Department of Energy.

"Detention basin" means a stormwater management facility which temporarily impounds and discharges runoff through an outlet to a downstream channel. Infiltration is negligible when compared to the outlet structure discharge rates. The facility is normally dry during periods of no rainfall.

"Dike" means an earthen embankment constructed to confine or control fluids.

"Directional survey" means a well survey that measures the degree of deviation of a hole from true vertical, and the distance and direction of points in the hole from vertical.

"Director" means the Director of the Department of Energy or his authorized agent.

"Diversion" means a channel constructed for the purpose of intercepting surface runoff.

"Diverter" or "diverter system" means an assembly of valves and piping attached to a gas or oil well's casing for controlling flow and pressure from a well.

"Division" means the Division of Gas and Oil of the Department of Energy.

"Emergency response plan" means the document that details the steps to prevent, control, and provide adequate countermeasures for a petroleum product discharge not covered by the spill prevention, control, and countermeasures plan or for a non-petroleum product discharge.

"Erosion and sediment control plan" means a document containing a description of materials and methods to be used for the conservation of soil and the protection of water resources in or on a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain a record of all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

"Expanding cement" means any cement approved by the director that expands during the hardening process, including but not limited to regular oil field cements with the proper additives.

"Firewall" means an earthen dike or fire resistant structure built around a tank or tank battery to contain the oil in the event a tank ruptures or catches fire.

"Flume" means a constructed device lined with erosion-resistant materials intended to convey water on steep grades.

"Flyrock" means any material propelled by a blast that would be actually or potentially hazardous to persons or property.

"Form prescribed by the director" means a form issued by the division, or an equivalent facsimile, for use in meeting the requirements of the Act or this chapter.

"Gas well" means any well which produces or appears capable of producing a ratio of 6,000 cubic feet (6 Mcf) of gas or more to each barrel of oil, on the basis of a gas-oil ratio test.

"Gob well" means a coalbed methane gas well that is capable of producing coalbed methane gas from the de-stressed zone associated with any full-seam extraction of coal that extends above and below the mined-out coal seam.

"Groundwater" means all water under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, which has the potential for being used for domestic, industrial, commercial, or agricultural use or otherwise affects the public welfare.

"Highway" means any public street, public alley, or public road.

"Hydraulic fracturing" means the treatment of a well by the application of hydraulic fracturing fluid under pressure for the express purpose of initiating or propagating fractures in a target geologic formation to enhance production of oil or natural gas.

"Hydraulic fracturing fluid" means the fluid, including the applicable base fluid and all additives, used to perform hydraulic fracturing treatment.

"Inclination survey" means a survey taken inside a wellbore that measures the degree of deviation of the point of the survey from true vertical.

"Inhabited building" means a building, regularly occupied in whole or in part by human beings, including, but not limited to, a private residence, church, school, store, public building or other structure where people are accustomed to assemble except for a building being used on a temporary basis, on a permitted site, for gas, oil, or geophysical operations.

"Intermediate string" means a string of casing that prevents caving, shuts off connate water in strata below the water-protection string, and protects strata from exposure to lower zone pressures.

"Live watercourse" means a definite channel with bed and banks within which water flows continuously.

"Mcf" means, when used with reference to natural gas, 1,000 cubic feet of gas at a pressure base of 14.73 pounds per square inch gauge and a temperature base of 60°F.

"Mud" means a mixture of materials that creates a weighted fluid to be circulated downhole during drilling operations for the purpose of lubricating and cooling the bit, removing cuttings, and controlling formation pressures and fluid.

"Natural channel" or "natural stream" means nontidal waterways that are part of the natural topography. They usually maintain a continuous or seasonal flow during the year and are characterized as being irregular in cross section with a meandering course.

"Nonerodible" means a material such as riprap, concrete, or plastic that will not experience surface wear due to natural forces.

"Oil well" means any well that produces or appears capable of producing a ratio of less than 6,000 cubic feet (6 Mcf) of gas to each barrel of oil, on the basis of a gas-oil ratio test.

"Open hole completion" means a technique used to make a well capable of production in which no production casing is set through the productive zones.

"Person" means any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.

"Plug" means the sealing of, or a device or material used for the sealing of, a gas or oil wellbore or casing to prevent the migration of water, gas, or oil from one stratum to another.

"Pre-development" means the land use and site conditions that exist at the time that the operations plan is submitted to the division.

"Produced waters" means water or fluids produced from a gas well, oil well, coalbed methane gas well, or gob well as a byproduct of producing gas, oil, or coalbed methane gas.

"Producer" means a permittee operating a well in Virginia that is producing or is capable of producing gas or oil.

"Production string" means a string of casing or tubing through which the well is completed and may be produced and controlled.

"Red shales" means the undifferentiated shaley portion of the Bluestone formation normally found above the Pride Shale Member of the formation, and extending upward to the base of the Pennsylvanian strata, which red shales are predominantly red and green in color but may occasionally be gray, grayish green, and grayish red.

"Red zone" is a zone in or contiguous to a permitted area that could have potential hazards to workers or to the public.

"Retention basin" means a stormwater management facility that, similar to a detention basin, temporarily impounds runoff and discharges its outflow through an outlet to a downstream channel. A retention basin is a permanent impoundment.

"Sediment basin" means a depression formed from the construction of a barrier or dam built to retain sediment and debris.

"Sheet flow" or "overland flow" means shallow, unconcentrated and irregular flow down a slope. The length of strip for sheet flow usually does not exceed 200 feet under natural conditions.

"Slope drain" means tubing or conduit made of nonerosive material extending from the top to the bottom of a cut or fill slope.

"Special diligence" means the activity and skill exercised by a good businessperson in a particular specialty, which must be commensurate with the duty to be performed and the individual circumstances of the case, not merely the diligence of an ordinary person or nonspecialist.

"Spill prevention, control, and countermeasure plan" or "SPCC plan" means the document that details the steps to prevent, control, and provide adequate countermeasures to certain petroleum product discharges.

"Stabilized" means able to withstand normal exposure to air and water flows without incurring erosion damage.

"Stemming" means the inert material placed in a borehole after an explosive charge for the purpose of confining the explosion gases in the borehole or the inert material used to separate the explosive charges (decks) in decked holes.

"Stimulate" means any action taken by a gas or oil operator to increase the inherent productivity of a gas or oil well, including, but not limited to, fracturing, shooting, or acidizing, but excluding (i) cleaning out, bailing, or workover operations and (ii) the use of surface-tension reducing agents, emulsion breakers, paraffin solvents, and other agents that affect the gas or oil being produced, as distinguished from the producing formation.

"Storm sewer inlet" means any structure through which stormwater is introduced into an underground conveyance system.

"Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff, including but not limited to, the quantity, quality, the period of release, or the velocity of flow.

"String of pipe" or "string" means the total footage of pipe of uniform size set in a well. The term embraces conductor pipe, casing, and tubing. When the casing consists of segments of different size, each segment constitutes a separate string. A string may serve more than one purpose.

"Sulfide stress cracking" means embrittlement of the steel grain structure to reduce ductility and cause extreme brittleness or cracking by hydrogen sulfide.

"Surface mine" means an area containing an open pit excavation, surface operations incident to an underground mine, or associated activities adjacent to the excavation or surface operations, from which coal or other minerals are produced for sale, exchange, or commercial use and includes all buildings and equipment above the surface of the ground used in connection with such mining.

"Target formation" means the geologic gas or oil formation identified by the well operator in his application for a gas, oil or geophysical drilling permit.

"Temporary stream crossing" means a temporary span installed across a flowing watercourse for use by construction traffic. Structures may include bridges, round pipes or pipe arches constructed on or through nonerodible material.

"Ten-year storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in 10 years. It may also be expressed as an exceedance probability with a 10% chance of being equaled or exceeded in any given year.

"Tidewater Virginia" means the region defined in § 62.1-44.15:68 of the Code of Virginia.

"Trade secret" means the term defined in § 59.1-336 of the Code of Virginia.

"Tubing" means the small diameter string set after the well has been drilled from the surface to the total depth and through which the gas or oil or other substance is produced or injected.

"Two-year storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in two years. It may also be expressed as an exceedance probability with a 50% chance of being equaled or exceeded in any given year.

"Vertical ventilation hole" means any hole drilled from the surface to the coal seam used only for the safety purpose of removing gas from the underlying coal seam and the adjacent strata, thus, removing the gas that would normally be in the mine ventilation system.

"Water bar" means a small obstruction constructed across the surface of a road, pipeline right-of-way, or other area of ground disturbance in order to interrupt and divert the flow of water on a grade for the purpose of controlling erosion and sediment migration.

"Water-protection string" means a string of casing designed to protect groundwater-bearing strata.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.1, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-20 Basis and authority

This chapter implements the Virginia Gas and Oil Act, Chapter 16 ( § 45.2-1600 et seq.) of Title 45.2 of the Code of Virginia. The Director of the Department of Energy is authorized to promulgate this chapter pursuant to §§ 45.2-103 and 45.2-1629 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.2, eff. September 25, 1991; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-30 Other laws, regulations, and ordinances

Nothing in this chapter shall relieve a permittee of the duty to comply with other laws, regulations, and applicable local land use ordinances.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.3, eff. September 25, 1991; amended, Virginia Register Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-40 Registration

A. Persons required to register under § 45.2-1639 of the Code of Virginia shall register with the division on a registration form prescribed by the director.

B. Registered persons shall notify the division within 30 days of any change in the information included on the registration form filed in accordance with subsection A of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.4, eff. September 25, 1991; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-50 Gas or oil in holes not permitted as a gas or oil well

In the event any person captures and uses gas or oil and does not permit the shaft or hole as a gas or oil well as provided for in this chapter, the director shall take appropriate enforcement action.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.5, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-60 Due dates for reports and decisions

A. Where the last day fixed for submitting a request for a hearing or any required report falls on a Saturday, Sunday, or any day on which the Division of Gas and Oil office is closed as authorized by the Code of Virginia or the Governor, the required action may be done on the next day that the office is open.

B. All submittals to or notifications of the Division of Gas and Oil identified in subsection A of this section shall be made to the division office no later than 5 p.m. on the day required by the Act or by this chapter.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.6, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-70 (Repealed.)

Historical Notes

Derived from VR480-05-22.1 § 1.7, eff. September 25, 1991; repealed, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

Article 2 Permitting

4VAC25-150-80 Application for a permit

A. Applicability.

Persons required in § 45.2-1631 of the Code of Virginia to obtain a permit or permit modification shall apply to the division on the forms prescribed by the director. All lands on which gas, oil, or geophysical operations are to be conducted shall be included in a permit application.
In addition to specific requirements for variances in other sections of this chapter, any applicant for a variance shall, in writing, document the need for the variance and describe the alternate measures or practices to be used.
Prior to accepting an application for a permit to drill for gas or oil in Tidewater Virginia, the department shall convene a pre-application meeting within the locality where the operation is proposed. The pre-application meeting shall ensure those who desire to submit an application are aware of the requirements established in § 62.1-195.1 of the Code of Virginia and 9VAC15-20. The department, in conjunction with the Department of Environmental Quality, shall conduct the meeting. The meeting shall be open to the public, and the department shall notify the locality in which the meeting is to take place and adjacent localities. No application for a permit to drill for gas or oil in Tidewater Virginia shall be accepted until the meeting is completed.

B. The application for a permit shall, as applicable, be accompanied by the fee in accordance with § 45.2-1631 of the Code of Virginia, the bond in accordance with § 45.2-1633 of the Code of Virginia, and the fee for the Orphaned Well Fund in accordance with § 45.2-1642 of the Code of Virginia.

C. Each application for a permit shall include information on all activities, including those involving associated facilities, to be conducted on the permitted site. This shall include the following:

The name and address of:

a. The gas, oil, or geophysical applicant;

b. The agent required to be designated under § 45.2-1639 of the Code of Virginia; and

c. Each person whom the applicant must notify under § 45.2-1632 of the Code of Virginia;

The certifications required in § 45.2-1631 E of the Code of Virginia;
Certification from the applicant that the proposed operation complies with all applicable local land use ordinances;
The proof of notice to affected parties required in § 45.2-1631 E of the Code of Virginia, which shall be:

a. A copy of a signed receipt or electronic return receipt of delivery of notice by certified mail;

b. A copy of a signed receipt acknowledging delivery of notice by hand; or

c. If all copies of receipt of delivery of notice by certified mail have not been signed and returned within 15 days of mailing, a copy of the mailing log or other proof of the date the notice was sent by certified mail, return receipt requested;

If the application is for a permit modification, proof of notice to affected parties, as specified in subdivision C 4 of this section;
Identification of the type of well or other gas, oil, or geophysical operation being proposed;
A list of ingredients anticipated to be used in any hydraulic fracturing operations. The applicant should identify any ingredients claimed to be trade secrets, and the department shall utilize the process described in 4VAC25-150-365 C to determine if the identified ingredients are entitled to trade secret protection;
The groundwater baseline sampling, analysis, and monitoring plan in accordance with 4VAC25-150-95;
The plat in accordance with 4VAC25-150-90;
The operations plan in accordance with 4VAC25-150-100;
The information required for operations involving hydrogen sulfide in accordance with 4VAC25-150-350;
The spill prevention, control, and countermeasure (SPCC) plan, if one is required;
The emergency response plan;
The Department of Energy, Division of Mined Land Repurposing's permit number for any area included in a Division of Mined Land Repurposing permit on which a proposed gas, oil, or geophysical operation is to be located;
For an application for a conventional well, the information required in 4VAC25-150-500;
For an application for a coalbed methane gas well, the information required in 4VAC25-150-560;
For an application for a geophysical operation, the information required in 4VAC25-150-670; and
For an application for a permit to drill for gas or oil in Tidewater Virginia, the environmental impact assessment meeting the requirements of § 62.1-195.1 B of the Code of Virginia and 9VAC15-20.

D. All permit applications and plats submitted to the division shall be in electronic form or a format prescribed by the director.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.8, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-90 Plats

A. When filing an application for a permit for a well or corehole, the applicant also shall file an accurate plat certified by a licensed professional engineer or licensed land surveyor on a scale, to be stated thereon, of 1 inch equals 400 feet (1:4800). The scope of the plat shall be large enough to show the board approved unit and all areas within the greater of 750 feet or one half of the distance specified in § 45.2-1616 of the Code of Virginia from the proposed well or corehole. The plat shall be submitted on a form prescribed by the director.

B. The known courses and distances of all property lines and lines connecting the permanent points, landmarks or corners within the scope of the plat shall be shown thereon. All lines actually surveyed shall be shown as solid lines. Lines taken from deed or chain of title descriptions only shall be shown by broken lines. All property lines shown on a plat shall agree with any one of the following: surveys, deed descriptions, or acreages used in county records for tax assessment purposes.

C. A north and south line shall be given and shown on the plat, and point to the top of the plat.

D. Wells or coreholes shall be located on the plat as follows:

The proposed or actual surface elevation of the subject well or corehole shall be shown on the plat, within an accuracy of one vertical foot. The surface elevation shall be tied to either a government benchmark or other point of proven elevation by differential or aerial survey, by trigonometric leveling, or by global positioning system (GPS) survey. The location of the government benchmark or the point of proven elevation and the method used to determine the surface elevation of the subject well or corehole shall be noted and described on the plat.
The proposed or actual horizontal location of the subject well or corehole determined by survey shall be shown on the plat. The proposed or actual well or corehole location shall be shown in accordance with the Virginia Coordinate System of 1983, as defined in § 1-600 of the Code of Virginia, also known as the State Plane Coordinate System.
The courses and distances of the well or corehole location from two permanent points or landmarks on the tract shall be shown; such landmarks shall be set stones, iron pipes, T-rails or other manufactured monuments, including mine coordinate monuments, and operating or abandoned wells which are platted to the accuracy standards of this section and on file with the division. If temporary points are to be used to locate the actual well or corehole location as provided for in 4VAC25-150-290, the courses and distances of the well or corehole location from the two temporary points shall be shown.
Any other well, permitted or drilled, within the distance specified in § 45.2-1616 of the Code of Virginia or the distance to the nearest well completed in the same pool, whichever is less, or within the boundaries of a drilling unit established by the board around the subject well shall be shown on the plat or located by notation. The type of each well shall be designated by the following symbols as described in the Federal Geographic Data Committee (FGDC) Digital Cartographic Standard for Geologic Map Symbolization:

Symbols for additional features as required in 4VAC25-150-510, 4VAC25-150-590, and 4VAC25-150-680 should be taken from the FDGC standard where applicable.

E. Plats shall also contain:

For a conventional gas and oil or injection well, the information required in 4VAC25-150-510;
For a coalbed methane gas well, the information required in 4VAC25-150-590; or
For a corehole, the information required in 4VAC25-150-680.

F. Any subsequent application for a new permit or permit modification shall include an accurate copy of the well plat, updated as necessary to reflect any changes on the site, newly discovered data or additional data required since the last plat was submitted. Any revised plat shall be certified as required in subsection A of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.9, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Errata, 15:6 VA.R. 938 December 7, 1998; amended, Virginia Register Volume 24, Issue 17, eff. June 12, 2008; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-95 Groundwater baseline sampling, analysis, and monitoring plan

A. Each application for a permit shall include a groundwater baseline sampling, analysis, and monitoring plan. The groundwater monitoring program will consist of initial baseline groundwater sampling and testing followed by subsequent sampling and testing after setting the production casing or liner.

B. If four or fewer available groundwater sources are present within a one-quarter-mile radius of the location of a proposed oil or gas well, or department-approved monitoring well, the operator shall collect a sample from each available groundwater source.

C. If more than four available groundwater sources are present within the one-quarter-mile radius, the operator shall submit a plan for approval to the director for selecting the available groundwater sources based on all of the following criteria:

Available groundwater sources closest to the location of the (i) proposed oil or gas well, (ii) department-approved monitoring well, or (iii) multi-well pad are preferred.
Sample locations shall be chosen in a radial pattern around the permitted location.
Where available groundwater sources are present in different aquifers, a sample shall be collected from each aquifer. Where multiple available groundwater sources are present in a single aquifer, an operator shall give adequate consideration to vertical separation and aquifer zones in selecting available groundwater sources for sampling.
If groundwater flow direction is known or reasonably can be inferred, samples from both upgradient and downgradient available groundwater sources are required, if available.

D. The initial sampling and testing shall be conducted within the 12-month period prior to drilling the well or the first well on a multi-well pad. Subsequent sampling and testing shall be conducted between six and 12 months after setting the production casing or liner. An operator shall make a reasonable attempt to conduct all sampling during the same month of the year. An operator may request in writing approval from the director to deviate from these sampling and testing timeframes in its permit application based on site specific geologic and hydrologic conditions (e.g., flow rate and direction). Previously sampled groundwater sources, including samples obtained by other operators, may be used if collection of the sample or samples meets all of the requirements of this section and are approved by the director.

E. All samples collected pursuant to this section shall be analyzed and tested by a laboratory certified or accredited under the Virginia Environmental Laboratory Accreditation Program established in 1VAC30-45 and 1VAC30-46.

F. Copies of all final laboratory analytical results and spatial coordinates of the available water source shall be provided by the operator or its representative to the department and water source owner within three months of sample collection. All analytical results and spatial coordinates of the available water source shall be made available to the public by the department.

G. The initial and subsequent sampling and testing described in this section shall, at a minimum, include the following items:

Chlorides;
Total dissolved solids;
Dissolved gases (methane, ethane, propane);
Hardness;
Iron;
Manganese;
pH;
Sodium; and
Sulfate.

Field observations such as odor, water color, sediment, bubbles, and effervescence shall also be documented. Handheld detection devices shall be sufficient for testing for methane.

H. If free gas or a dissolved methane concentration greater than 10.0 milligrams per liter (mg/L) is detected in a water sample, gas compositional analysis and stable isotope analysis of the methane (carbon and hydrogen – 12C, 13C, 1H, and 2H) shall be performed to determine gas type.

I. The operator shall provide verbal and written notification to the director and groundwater source owner within 24 hours if test results indicate:

The presence of thermogenic or a mixture of thermogenic and biogenic gas;
The methane concentration increases by more than 5.0 mg/L between sampling periods;
The methane concentration is detected at or above 10.0 mg/L; or
Exceedances of the parameters listed in 9VAC25-280-70.

J. Upon receiving notification pursuant to this subsection, the director shall have the authority to order an additional sampling test to be completed within six months of the test that resulted in the notification. This authority is in addition to enforcement actions the director may utilize pursuant to 4VAC25-150-170.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-100 Operations plans

A. Each application for a permit or permit modification shall include an operations plan, in a format approved by or on a form prescribed by the director. The operations plan and accompanying maps or drawings shall become part of the terms and conditions of any permit which is issued.

B. The operations plan shall describe the specifications for the use of centralizers to ensure casing is centered in the hole. The specifications shall include, at a minimum, one centralizer within 50 feet of the water protection string seat and then in intervals no greater than every 150 feet above the first centralizer and are subject to the approval of the director.

C. The applicant shall indicate how risks to the public safety or to the site and adjacent lands are to be managed, consistent with the requirements of § 45.2-1629 B of the Code of Virginia, and shall provide a short narrative, if pertinent. The operations plan shall identify red zone areas.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.10, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-110 Permit supplements and permit modifications

A. Permit supplements.

Standard permit supplements. A permittee shall be allowed to submit a permit supplement when work being performed:

a. Does not change the disturbance area as described in the original permit; and

b. Involves activities previously permitted.

The permittee shall submit written documentation of the changes made to the permitted area no later than 30 days after completing the change. All other changes to the permit shall require a permit modification in accordance with § 45.2-1631 of the Code of Virginia.

Permit supplements for disclosure of ingredients used in hydraulic fracturing. Prior to completion of a well, the permittee shall submit a permit supplement when the ingredients expected to be used in the hydraulic fracturing process differ in any way from that which was submitted pursuant to subdivision C 7 of 4VAC25-150-80. The permittee should identify any ingredients claimed to be trade secrets, and the department shall utilize the process described in 4VAC25-150-365 C to determine if the identified ingredients are entitled to trade secret protection.
Emergency permit supplements. If a change must be implemented immediately for an area off the disturbance area as described in the original permit, or for an activity not previously permitted due to actual or threatened imminent danger to the public safety or to the environment, the permittee shall:

a. Take immediate action to minimize the danger to the public or to the environment;

b. Notify the director as soon as possible of actions taken to minimize the danger and, if the director determines an emergency still exists and grants oral approval, commence additional changes if necessary; and

c. Submit a supplement to the permit within seven working days of notifying the director with a written description of the emergency and action taken. An incident report may also be required as provided for in 4VAC25-150-380.

Any changes to the permit are to be temporary and restricted to those that are absolutely necessary to minimize danger. Any permanent changes to the permit shall require a permit modification as provided for in subsection B of this section.

B. Permit modifications.

Applicability. All changes to the permit which do not fit the description contained in subsection A of this section shall require a permit modification in accordance with § 45.2-1631 of the Code of Virginia.
Notice and fees. Notice of a permit modification shall be given in accordance with § 45.2-1632 of the Code of Virginia. The application for a permit modification shall be accompanied, as applicable, by the fee in accordance with § 45.2-1631 of the Code of Virginia and the bond in accordance with § 45.2-1633 of the Code of Virginia.
Waiver of right to object. Upon receipt of notice, any person may, on a form approved by the director, waive the time requirements and their right to object to a proposed permit modification. The department shall be entitled to rely upon the waiver to approve the permit modification.
Permit modification. The permittee shall submit a written application for a permit modification on a form prescribed by the director. The permittee may not undertake the proposed work until the permit modification has been issued. As appropriate, the application shall include, but not be limited to:

a. The name and address of:

(1) The permittee; and

(2) Each person whom the applicant must notify under § 45.2-1632 of the Code of Virginia;

b. The certifications required in § 45.2-1631 E of the Code of Virginia;

c. The proof of notice required in § 45.2-1631 E of the Code of Virginia, as provided for in 4VAC25-150-80 C 4;

d. Identification of the type of work for which a permit modification is requested;

e. The plat in accordance with 4VAC25-150-90;

f. All data, maps, plats and plans in accordance with 4VAC25-150-100 necessary to describe the activity proposed to be undertaken;

g. When the permit modification includes abandoning a gas or oil well as a water well, a description of the plugging to be completed up to the water-bearing formation and a copy of the permit issued for the water well by the Virginia Department of Health;

h. The information required for operations involving hydrogen sulfide in accordance with 4VAC25-150-350 if applicable to the proposed operations;

i. The spill prevention, control, and countermeasure (SPCC) plan, if one has been developed for the site of the proposed operations, or the emergency response plan;

j. The Department of Energy, Division of Mined Land Repurposing's permit number for any area included in a Division of Mined Land Repurposing permit; and

k. The information, as appropriate, required in 4VAC25-150-500, 4VAC25-150-560, 4VAC25-150-670, or 4VAC25-150-720.

Upon receipt of an application for a permit modification for a well in Tidewater Virginia, the director may require additional documentation to supplement information submitted to the department pursuant to subsection B of § 62.1-195.1 of the Code of Virginia. If additional documentation is required, the operator shall submit that documentation to the director and the Department of Environmental Quality.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.11, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-120 Transfer of permit rights

A. Applicability.

No transfer of rights granted by a permit shall be made without prior approval from the director.
Any approval granted by the director of a transfer of permit rights shall be conditioned upon the proposed new operator complying with all requirements of the Act, this chapter and the permit.

B. Application. Any person requesting a transfer of rights granted by a permit shall submit a written application on a form prescribed by the director. The application shall be accompanied by a fee of $75 and bond, in the name of the person requesting the transfer, in accordance with § 45.2-1633 of the Code of Virginia. The application shall contain, but is not limited to:

The name and address of the current permittee, the current permit number and the name of the current operation;
The name and address of the proposed new operator and the proposed new operations name;
Documentation of approval of the transfer by the current permittee;
If the permit was issued on or before September 25, 1991, an updated operations plan, in accordance with 4VAC25-150-100, showing how all permitted activities to be conducted by the proposed new permittee will comply with the standards of this chapter;
If the permit was issued on or before September 25, 1991, for a well, a plat meeting the requirements of 4VAC25-150-90 updated to reflect any changes on the site, newly discovered data or additional data required since the last plat was submitted, including the change in ownership of the well; and
If the permit was issued on or before September 25, 1991, if applicable, the docket number and date of recordation of any order issued by the board for a pooled unit, pertaining to the current permit.

C. Standards for approval. The director shall approve the transfer of permit rights when the proposed new permittee:

Has registered with the department in accordance with § 45.2-1639 of the Code of Virginia;
Has posted acceptable bond in accordance with § 45.2-1633 of the Code of Virginia; and
Has no outstanding debt pursuant to § 45.2-1634 of the Code of Virginia.

D. The new permittee shall be responsible for any violations of or penalties under the Act, this chapter, or conditions of the permit after the director has approved the transfer of permit rights.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.12, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 19, Issue 18, eff. July 1, 2003; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-130 Notice of permit applications and modifications

A. Gas, oil or geophysical operators shall provide notice of an application for a permit or permit modification in accordance with § 45.2-1632 of the Code of Virginia, as identified on the "Technical Data Sheet for Permit Applications," prescribed by the director.

B. If notice required under § 45.2-1632 of the Code of Virginia has been sent by certified mail, return receipt requested, and the notice has not been delivered within 15 days of mailing the notice, the director shall consider notice to be given as of the end of the 15-day period and the objection period specified in § 45.2-1637 of the Code of Virginia shall commence.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.13, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-135 Waiver of right to object to permit applications

Upon receipt of notice, any person may, on a form approved by the director, waive the time requirements and their right to object to a proposed permit application. The director shall be entitled to rely upon the waiver to approve the permit application.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 2, eff. November 11, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-140 Objections to permit applications

A. Objections shall be filed in writing, at the office of the division, in accordance with § 45.2-1637 of the Code of Virginia. The director shall notify affected parties of an objection as soon as practicable.

B. If after the director has considered notice to be given under 4VAC25-150-130 B of this chapter, a person submits an objection with proof of receipt of actual notice within 15 days prior to submitting the objection, then the director shall treat the objection as timely.

C. Objections to an application for a new or modified permit shall contain:

The name of the person objecting to the permit;
The date the person objecting to the permit received notice of the permit application;
Identification of the proposed activity being objected to;
A statement of the specific reason for the objection;
A request for a stay to the permit, if any, together with justification for granting a stay; and
Any other information the person objecting to the permit wishes to provide.

D. When deciding to convene a hearing pursuant to § 45.2-1637 of the Code of Virginia, the director shall consider the following:

Whether the person objecting to the permit has standing to object as provided in § 45.2-1632 of the Code of Virginia;
Whether the objection is timely; and
Whether the objection meets the applicable standards for objections as provided in § 45.2-1637 of the Code of Virginia.

E. If the director decides not to hear the objection, then he shall notify the person who objects and the permit applicant in writing, indicating his reasons for not hearing the objection, and shall advise the objecting person of his right to appeal the decision.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.14, eff. September 25, 1991; amended Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-150 Hearing and decision on objections to permit applications

A. In any hearing on objections to a permit application:

The hearing shall be an informal fact finding hearing in accordance with the Administrative Process Act, § 2.2-4019 of the Code of Virginia.
The permit applicant and any person with standing in accordance with § 45.2-1632 of the Code of Virginia may be heard.
Any valid issue in accordance with § 45.2-1637 of the Code of Virginia may be raised at the hearing. The director shall determine the validity of objections raised during the hearing.

B. The director shall, as soon after the hearing as practicable, issue his decision in writing and hand deliver or send the decision by certified mail to all parties to the hearing. The decision shall include:

The subject, date, time and location of the hearing;
The names of the persons objecting to the permit;
A summary of issues and objections raised at the hearing;
Findings of fact and conclusions of law;
The text of the decision, including any voluntary agreement; and
Appeal rights.

C. Should the director deny the permit issuance and allow the objection, a written notice of the decision shall be sent to any person receiving notice of the application.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.15, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-160 Approval of permits and permit modifications

A. Permits, permit modifications, permit renewals, and transfer of permit rights shall be granted in writing by the director.

B. The director may not issue a permit, permit renewal, or permit modification prior to the end of the time period for filing objections pursuant to § 45.2-1637 of the Code of Virginia unless, upon receipt of notice, any person may, on a form approved by the director, waive the time requirements and their right to object to a proposed permit application or permit modification application. The director shall be entitled to rely upon the waiver to approve the permit application or permit modification.

C. The director may not issue a permit to drill for gas or oil or approve a permit modification for a well where additional documentation is required pursuant to subdivision B 5 of 4VAC25-150-110 in Tidewater Virginia until he has collaborated with the Department of Environmental Quality to ensure permit conditions accurately reflect the results from the Department of Environmental Quality's coordinated review of the environmental impact assessment required pursuant to § 62.1-195.1 of the Code of Virginia.

D. The provisions of any order of the Virginia Gas and Oil Board that govern a gas or oil well permitted by the director shall become conditions of the permit.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.16, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016; Volume 38, Issue 13, eff. March 31, 2022.

Article 3 Enforcement

4VAC25-150-170 Enforcement

A. The director shall enforce the provisions of the Act, this chapter, 4VAC25 Chapter 160 (4VAC25-160-10 et seq.) entitled "The Virginia Gas and Oil Board Regulation," any board order, or any condition of a permit, and may use the following methods:

Obtaining voluntary compliance through conference, warning or other means prior to issuing any enforcement notice or order;
Issuing notices of violation in accordance with 4VAC25-150-180;
Issuing closure orders in accordance with 4VAC25-150-190;
Issuing show cause orders in accordance with 4VAC25-150-200;
Issuing emergency orders in accordance with § 45.2-1629 of the Code of Virginia; or
Any other action in accordance with the Code of Virginia.

B. The purpose of taking actions under this section is to obtain compliance with the provisions of the Act, this chapter, 4VAC25 Chapter 160 (4VAC25-160-10 et seq.) entitled "The Virginia Gas and Oil Board Regulation," any board order, or conditions of a permit.

C. Reclamation operations and other activities intended to protect the public health and safety and the environment shall continue during the period of any notice or order unless otherwise provided in the notice or order.

D. Any person found to be conducting a gas, oil or geophysical operation without a permit from the director shall be subject to enforcement for operating without a permit and for not meeting any other standards of the Act or this chapter which would be required if the person was operating under a permit.

E. Decisions of the director may be appealed to the Virginia Gas and Oil Board pursuant to § 45.2-1625 of the Code of Virginia.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.17, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-180 Notices of violation

A. The director may issue a notice of violation if he finds a violation of any of the following:

Chapter 16 ( § 45.2-1600 et seq.) of Title 45.2 of the Code of Virginia;
This chapter;
4VAC25-160 entitled "Virginia Gas and Oil Board Regulation";
Any board order; or
Any condition of a permit, which does not create an imminent danger or harm for which a closure order must be issued under 4VAC5-150-190.

B. A notice of violation shall be in writing, signed, and set forth with reasonable specificity:

The nature of the violation, including a reference to the section or sections of the Act, applicable regulation, order or permit condition which has been violated;
A reasonable description of the portion of the operation to which the violation applies, including an explanation of the condition or circumstance that caused the portion of the operation to be in violation, if it is not self-evident in the type of violation itself;
The remedial action required, which may include interim steps; and
A reasonable deadline for abatement, which may include a deadline for accomplishment of interim steps.

C. The director may extend the deadline for abatement or for accomplishment of an interim step, if the failure to meet the deadline previously set was not caused by the permittee's lack of diligence. An extension of the deadline for abatement may not be granted when the permittee's failure to abate has been caused by a lack of diligence or intentional delay by the permittee in completing the remedial action required.

D. If the permittee fails to meet the deadline for abatement or for completion of any interim steps, the director shall issue a closure order under 4VAC25-150-190.

E. The director shall terminate a notice of violation by written notice to the permittee when he determines that all violations listed in the notice of violation have been abated.

F. A permittee issued a notice of violation may request, in writing to the director, an informal fact-finding hearing to review the issuance of the notice. This written request shall be made within 10 days of receipt of the notice. The permittee may request, in writing to the director, an expedited hearing.

G. A permittee is not relieved of the duty to abate any violation under a notice of violation during an appeal of the notice. A permittee may apply for an extension of the deadline for abatement during an appeal of the notice.

H. The director shall issue a decision on any request for an extension of the deadline for abatement under a notice of violation within five days of receipt of such request. The director shall conduct an informal fact-finding hearing, in accordance with the Administrative Process Act, § 2.2-4019 of the Code of Virginia, no later than 10 days after receipt of the hearing request.

I. The director shall affirm, modify, or vacate the notice in writing to the permittee within five days of the date of the hearing.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.18, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-190 Closure orders

A. The director shall immediately order a cessation of operations or of the relevant portion thereof, when he finds any condition or practice which:

Creates or can be reasonably expected to create an imminent danger to the health or safety of the public, including miners; or
Causes or can reasonably be expected to cause significant, imminent, environmental harm to land, air or water resources.

B. The director may order a cessation of operations or of the relevant portion thereof, when:

A permittee fails to meet the deadline for abatement or for completion of any interim step under a notice of violation;
Repeated notices of violations have been issued for the same condition or practice; or
Gas, oil or geophysical operations are being conducted by any person without a valid permit from the Division of Gas and Oil.

C. A closure order shall be in writing, signed and shall set forth with reasonable specificity:

The nature of the condition, practice or violation;
A reasonable description of the portion of the operation to which the closure order applies;
The remedial action required, if any, which may include interim steps; and
A reasonable deadline for abatement, which may include deadline for accomplishment of interim steps.

D. A closure order shall require the person subject to the order to take all steps the director deems necessary to abate the violations covered by the order in the most expeditious manner physically possible.

E. If a permittee fails to abate a condition or practice or complete any interim step as required in a closure order, the director shall issue a show cause order under 4VAC25-150-200.

F. The director shall terminate a closure order by written notice to the person subject to the order when he determines that all conditions, practices or violations listed in the order have been abated.

G. A person issued a closure order may request, in writing to the director, an informal fact-finding hearing to review the issuance of the order within 10 days of receipt of the order. The person may request, in writing to the director, an expedited hearing within three days of receipt of the order.

H. A person is not relieved of the duty to abate any condition under, or comply with, any requirement of a closure order during an appeal of the order.

I. The director shall conduct an informal fact-finding hearing, in accordance with the Administrative Process Act, § 2.2-4019 of the Code of Virginia, no later than 15 days after the order was issued, or in the case of an expedited hearing, no later than five days after the order was issued.

J. The director shall affirm, modify, or vacate the closure order in writing to the person the order was issued to no later than five days after the date of the hearing.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.19, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-200 Show cause orders

A. The director may issue a show cause order to a permittee requiring justification for why his permit should not be suspended or revoked whenever:

A permittee fails to abate a condition or practice or complete any interim step as required in a closure order;
A permittee fails to comply with the provisions of 4VAC25-160 entitled "Virginia Gas and Oil Board Regulation"; or
A permittee fails to comply with the provisions of an order issued by the Virginia Gas and Oil Board.

B. A show cause order shall be in writing, signed, and set forth with reasonable specificity:

The permit number of the operation subject to suspension or revocation; and
The reason for the show cause order.

C. The permittee shall have five days from receipt of the show cause order to request in writing an informal fact-finding hearing.

D. The director shall conduct an informal fact-finding hearing, in accordance with the Administrative Process Act, § 2.2-4019 of the Code of Virginia, no later than five days after receipt of the request for the hearing.

E. The director shall issue a written decision within five days of the date of the hearing.

F. If the permit is revoked, the permittee shall immediately cease operations on the permit area and complete reclamation within the deadline specified in the order.

G. If the permit is suspended, the permittee shall immediately commence cessation of operations on the permit area and complete all actions to abate all conditions, practices or violations, as specified in the order.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.20, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

Article 4 Reporting

4VAC25-150-210 Monthly reports

A. Each producer shall submit a monthly report, on a form prescribed by the director or in a format approved by the director to the division no later than 90 days after the last day of each month.

B. Reports of gas production.

Every producer of gas shall report in Mcf the amount of production from each well.
Reports shall be summarized by county or city.
Reports shall provide the date of any new connection of a well to a gathering pipeline or other marketing system.

C. Reports of oil production.

Every producer of oil shall report in barrels the amount of oil production, oil on hand and oil delivered from each well.
Reports shall be summarized by county or city.
Reports shall provide the date of any new connection of a well to a gathering pipeline or other marketing system.

D. Reports of shut-in wells. If a well is shut-in or otherwise not produced during any month, it shall be so noted on the monthly report.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.21, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-220 Annual reports

A. Each permittee shall submit a calendar-year annual report to the division by no later than March 31 of the next year.

B. The annual report shall include as appropriate:

A confirmation of the accuracy of the permittee's current registration filed with the division or a report of any change in the information;
The name, address and phone number or numbers of the persons to be contacted at any time in case of an emergency;
Production of gas or oil on a well-by-well and county-by-county or city-by-city basis for each permit or as prescribed by the director and the average price received for each Mcf of gas and barrel of oil;
Certification by the permittee that the permittee has paid all severance taxes for each permit;
When required, payment to the Gas and Oil Plugging and Restoration Fund as required in § 45.2-1634 of the Code of Virginia; and
Certification by the permittee that bonds on file with the director have not been changed.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.22, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

Article 5 Technical Standards

4VAC25-150-230 Commencement of activity

A. Gas, oil or geophysical activity commences with ground-disturbing activity.

B. A permittee shall notify the division at least 48 hours prior to commencing ground-disturbing activity, drilling a well or corehole, completing or recompleting a well or plugging a well or corehole. The permittee shall notify the division, either orally or in writing, of the operation name and the date and time that the work is scheduled to commence. Should activities not commence as first noticed, the permittee shall make every effort to update the division and reschedule the commencement of activity, indicating the specific date and time the work will be commenced.

C. For dry holes and in emergency situations, the operator shall notify the division, orally or in writing, within 48 hours of commencing plugging activities.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.23, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-240 Signs

A. Temporary signs. Each permittee shall keep a sign posted at the point where the access road enters the permitted area of each well or corehole being drilled or tested, showing the name of the well or corehole permittee, the well name and the permit number, the telephone number for the Division of Gas and Oil and a telephone number to use in case of an emergency or for reporting problems.

The sign shall be posted from the commencement of construction until:

The well is completed;
The dry hole or corehole is plugged;
The site is stabilized; or
The permanent sign is posted.

B. Permanent signs. Each permittee shall keep a permanent sign posted in a conspicuous place on or near every producing well or well capable of being placed into production and on every associated facility. For any well drilled or sign replaced after September 25, 1991, the sign shall:

Be a minimum of 18 inches by 14 inches in size;
Contain, at a minimum, the permittee's name, the well name and the permit number, the Division of Gas and Oil phone number and the telephone number to use in case of an emergency or for reporting problems;
Contain lettering a minimum of 1-1/4 inches high; and
For a well, be located on the well or on a structure such as a meter house or pole located within 50 feet of the well head.

C. Signs designating red zone areas within the permit boundary are to be maintained in good order, include reflective material or be lighted so to be visible at night, and located as prescribed by the operator's red zone safety plan internal to the operations plan.

D. All signs shall be maintained or replaced as necessary to be kept in a legible condition.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.24, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-250 Blasting and explosives

A. Applicability. This section governs all blasting on gas, oil or geophysical sites, except for:

Blasting being conducted as part of seismic exploration where explosives are placed and shot in a borehole to generate seismic waves; or
Use of a device containing explosives for perforating a well.

B. Certification.

All blasting on gas, oil and geophysical sites shall be conducted by a person who is certified by the department, the Board of Coal Mining Examiners, or by the Virginia Department of Housing and Community Development.
The director may accept a certificate issued by another state in lieu of the certification required in subdivision B 1 of this section, provided the department, the Board of Coal Mining Examiners, or the Department of Housing and Community Development has approved reciprocity with that state.

C. Blasting safety. Blasting shall be conducted in a manner as prescribed by 4VAC25-110, Regulations Governing Blasting in Surface Mining Operations, designed to prevent injury to persons, and damage to features described in the operations plan under 4VAC25-150-100 B.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.25, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-260 Erosion, sediment control and reclamation

A. Applicability. Permittees shall meet the erosion and sediment control standards of this section whenever there is a ground disturbance for a gas, oil or geophysical operation. Permittees shall reclaim the land to the standards of this section after the ground-disturbing activities are complete and the land will not be used for further permitted activities.

B. Erosion and sediment control plan. Applicants for a permit shall submit an erosion and sediment control plan as part of their operations plan. The plan shall describe how erosion and sedimentation will be controlled and how reclamation will be achieved.

C. Erosion and sediment control standards. Whenever ground is disturbed for a gas, oil or geophysical operation, the following erosion and sediment control standards shall be met.

All trees, shrubs and other vegetation shall be cleared as necessary before any blasting, drilling, or other site construction, including road construction, begins.

a. Cleared vegetation shall be either removed from the site, properly stacked on the permitted site for later use, burned, or placed in a brush barrier if needed to control erosion and sediment control. Only that material necessary for the construction of the permitted site shall be cleared. When used as a brush barrier, the cleared vegetation shall be cut and windrowed below a disturbed area so that the brush barrier will effectively control sediment migration from the disturbed area. The material shall be placed in a compact and uniform manner within the brush barrier and not perpendicular to the brush barrier. Brush barriers shall be constructed so that any concentrated flow created by the barrier is released into adequately protected outlets and adequate channels. Large diameter trunks, limbs, and stumps that may render the brush barrier ineffective for sediment control shall not be placed in the brush barrier.

b. During construction, soil sufficient to provide a suitable growth medium for permanent stabilization with vegetation shall be used to stabilize the site in accordance with the standards of subdivisions C 2 and C 3 of this section.

Except as provided for in subdivisions C 5 and C 12 c of this section, permanent or temporary stabilization measures shall be applied to denuded areas within 30 days of achievement of final grade on the site unless the area will be redisturbed within 30 days.

a. If no activity occurs on a site for a period of 30 consecutive days then stabilization measures shall be applied to denuded areas within seven days of the last day of the 30-day period.

b. Temporary stabilization measures shall be applied to denuded areas that may not be at final grade but will be left inactive for one year or less.

c. Permanent stabilization measures shall be applied to denuded areas that are to be left inactive for more than one year.

A permanent vegetative cover shall be established on denuded areas to achieve permanent stabilization on areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is uniform, mature enough to survive and will inhibit erosion.
Temporary sediment control structures such as basins, traps, berms or sediment barriers shall be constructed prior to beginning other ground-disturbing activity and shall be maintained until the site is stabilized.
Stabilization measures shall be applied to earthen structures such as sumps, diversions, dikes, berms and drainage windows within 30 days of installation.
Sediment basins.

a. Surface runoff from disturbed areas that is composed of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The sediment basin shall be designed and constructed to accommodate the anticipated sediment loading from the ground-disturbing activity. The spillway or outfall system design shall take into account the total drainage area flowing through the disturbed area to be served by the basin.

b. If surface runoff that is composed of flow from other drainage areas is separately controlled by other erosion and sediment control measures, then the other drainage area is not considered when determining whether the three-acre limit has been reached and a sediment basin is required.

Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. No trees, shrubs, stumps or other woody material shall be placed in fill.
Concentrated runoff shall not flow down cut or fill slopes unless contained within an adequate temporary or permanent channel, flume or slope drain structure.
Whenever water seeps from a slope face, adequate drainage or other protection shall be provided.
All storm sewer inlets that are made operable during construction shall be protected so that sediment-laden water cannot enter the conveyance system without first being filtered or otherwise treated to remove sediment.
Before newly constructed stormwater conveyance channels or pipes are made operational, adequate outlet protection and any required temporary or permanent channel lining shall be installed in both the conveyance channel and receiving channel.
Live watercourses.

a. When any construction required for erosion and sediment control, reclamation or stormwater management must be performed in a live watercourse, precautions shall be taken to minimize encroachment, control sediment transport and stabilize the work area. Nonerodible material shall be used for the construction of causeways and cofferdams. Earthen fill may be used for these structures if armored by nonerodible cover materials.

b. When the same location in a live watercourse must be crossed by construction vehicles more than twice in any six-month period, a temporary stream crossing constructed of nonerodible material shall be provided.

c. The bed and banks of a watercourse shall be stabilized immediately after work in the watercourse is completed.

If more than 500 linear feet of trench is to be open at any one time on any continuous slope, ditchline barriers shall be installed at intervals no more than the distance in the following table and prior to entering watercourses or other bodies of water.

| | Distance Barrier Spacing | | | --- | --- | --- | | | Percent of Grade | Spacing of Ditchline Barriers in Feet | | | 3–5 | 135 | | | 6–10 | 80 | | | 11–15 | 60 | | | 16+ | 40 |

Where construction vehicle access routes intersect a paved or public road, provisions, such as surfacing the road, shall be made to minimize the transport of sediment by vehicular tracking onto the paved surface. Where sediment is transported onto a paved or public road surface, the road surface shall be cleaned by the end of the day.
The design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement, culvert size, and any other necessary design criteria required by the director to ensure control of erosion, sedimentation and runoff, and safety appropriate for their planned duration and use. This shall include, at a minimum, that roads are to be located, designed, constructed, reconstructed, used, maintained and reclaimed so as to:

a. Control or prevent erosion and siltation by vegetating or otherwise stabilizing all exposed surfaces in accordance with current, prudent engineering practices;

b. Control runoff to minimize downstream sedimentation and flooding; and

c. Use nonacid or nontoxic substances in road surfacing.

Unless approved by the director, all temporary erosion and sediment control measures shall be removed within 30 days after final site stabilization or after the temporary measures are no longer needed. Trapped sediment and the disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized within the permitted area to prevent further erosion and sedimentation.

D. Final reclamation standards.

All equipment, structures or other facilities not required for monitoring the site or permanently marking an abandoned well or corehole shall be removed from the site, unless otherwise approved by the director.
Each gathering line abandoned in place, unless otherwise agreed to be removed under a right-of-way or lease agreement, shall be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure, and cut off three feet below ground surface, or at the depth of the gathering line, whichever is less, and sealed at the ends. The operator shall provide to the division documentation of the methods used, the date and time the pipeline was purged and abandoned.
If final stabilization measures are being applied to access roads or ground-disturbed pipeline rights-of-way, or if the rights-of-way will not be redisturbed for a period of 30 days, water bars shall be placed across them at 30-degree angles at the head of all pitched grades and at intervals no more than the distance in the following table:

| | Percent of Grade | Spacing of Water Bars in Feet | | --- | --- | --- | | | 3–5 | 135 | | | 6–10 | 80 | | | 11–15 | 60 | | | 16+ | 40 |

The permittee shall notify the division when the site has been graded and seeded for final reclamation in accordance with subdivision C 3 of this section. Notice may be given orally or in writing. The vegetative cover shall be successfully maintained for a period of two years after notice has been given before the site is eligible for bond release.
If the land disturbed during gas, oil or geophysical operations will not be reclaimed with permanent vegetative cover as provided for in subsection C of this section, the permittee or applicant shall request a variance to these reclamation standards and propose alternate reclamation standards and an alternate schedule for bond release.

E. The director may waive or modify any of the requirements of this section that are deemed inappropriate or too restrictive for site conditions. A permittee requesting a variance shall, in writing, document the need for the variance and describe the alternate measures or practices to be used. Specific variances allowed by the director shall become part of the operations plan. The director shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.26, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-270 Stormwater management

A. This section shall apply whenever an applicant or permittee must complete an erosion and sediment control plan under 4VAC25-150-260. The erosion and sediment control plan shall also describe how stormwater runoff will be managed in accordance with the standards of this section.

B. Areas downstream from permitted sites shall be protected from sediment disposition, erosion and damage due to increases in volume, velocity and peak flow rates of stormwater runoff for the stated frequency storm of 24-hour duration in accordance with the following:

Increased volumes of sheet flows or concentrated flows that may cause erosion and sedimentation on adjacent property shall be diverted to a stable outlet, adequate channel or a sediment control, detention or retention facility.
Adequacy of all channels and pipes shall be verified in the following manner:

a. The applicant shall demonstrate that the total drainage area to the point of analysis within the channel is 100 times greater than the contributing drainage area of the site in question; or

b. The receiving channel or pipe shall be analyzed as follows:

(1) Natural channels shall be analyzed using data for a two-year storm to verify that stormwater will not overtop channel banks or cause erosion of the channel bed or banks.

(2) All previously constructed man-made channels shall be analyzed using data for a 10-year storm to verify that stormwater will not overtop its banks and using data for a two-year storm to demonstrate that stormwater will not cause erosion of the channel bed or banks.

(3) Pipes and storm sewer systems shall be analyzed using data from a 10-year storm to verify that stormwater will be contained within the pipe or system. A downstream stability analysis at the outfall of the pipe or storm sewer system shall also be performed.

All hydrologic analyses shall be based on the existing watershed characteristics and the ultimate development condition of the site.
If the applicant chooses an option that includes stormwater detention or retention, then the plan must provide for maintenance of the detention or retention facilities. The plan shall set forth the maintenance requirements of the facility and the person responsible for performing the maintenance.
Outflows from a sediment basin, stormwater management facility or other concentrated runoff leaving a permitted site shall be discharged into an adequate channel.

C. Stormwater runoff which has been contaminated by or come into contact with overburden, raw material, intermediate products, finished products, byproducts or wastes from gas, oil or geophysical operations located on the permitted site shall be managed in accordance with a plan approved by the director.

D. The director may waive or modify any of the requirements of this section that are deemed inappropriate or too restrictive for site conditions. The permittee's written request for a variance shall document the need for the variance and describe the alternate measures or practices to be used. Specific variances allowed by the director shall be documented in the operations plan. The director shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.27, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-280 Logs and surveys

A. Each permittee drilling a well or corehole shall complete a driller's log, a gamma ray log, or other log showing the top and bottom points of geologic formations and any other log required under this section. The driller's log shall state, at a minimum, the character, depth, and thickness of geological formations encountered, including groundwater-bearing strata, coal seams, mineral beds, and gas-bearing or oil-bearing formations.

B. When a permittee or the director identifies that a well or corehole is to be drilled or deepened in an area of the Commonwealth that is known to be underlain by coal seams, the following shall be required:

The vertical location of coal seams in the well or corehole shall be determined and shown in the driller's log and gamma ray log or other log.
The horizontal location of the well or corehole in coal seams shall be determined through an inclination survey from the surface to the lowest known coal seam. Each inclination survey shall be conducted as follows:

a. The first survey point shall be taken at a depth not greater than the most shallow coal seam; and

b. Thereafter shot points shall be taken at each coal seam or at intervals of 200 feet, whichever is less, to the lowest known coal seam.

Prior to drilling any well or corehole within 500 feet of a coal seam in which there are active workings, the permittee shall conduct an inclination survey to determine whether the deviation of the well or corehole exceeds one degree from true vertical. If the well or corehole is found to exceed one degree from vertical, then the permittee shall:

a. Immediately cease operations;

b. Immediately notify the coal owner and the division;

c. Conduct a directional survey to drilled depth to determine both horizontal and vertical location of the well or corehole; and

d. Unless granted a variance by the director, correct the well or corehole to within one degree of true vertical.

Except as provided for in subdivision B 3 of this section, if the deviation of the well or corehole exceeds one degree from true vertical at any point between the surface and the lowest known coal seam, then the permittee shall:

a. Correct the well or corehole to within one degree of true vertical; or

b. Conduct a directional survey to the lowest known coal seam and notify the coal owner of the actual well or corehole location.

The director may grant a variance to the requirements of subdivisions B 3 and B 4 of this section only after the permittee and coal owners have jointly submitted a written request for a variance stating that a directional survey or correction to the well or corehole is not needed to protect the safety of any person engaged in active coal mining or to the environment.
If the director finds that the lack of assurance of the horizontal location of the well or corehole to a known coal seam poses a danger to persons engaged in active coal mining or the lack of assurance poses a risk to the public safety or the environment, the director may, until 30 days after a permittee has filed the completion report required in 4VAC25-150-360, require that a directional survey be conducted by the permittee.
The driller's log shall be updated on a daily basis. The driller's log and results of any other required survey shall be kept at the site until drilling and casing or plugging a dry hole or corehole are completed.

C. Each permittee completing a well shall complete a cement bond log for the water protection string. Permittees may petition the director to submit alternative documentation that demonstrates effective bond between the casing and the formation.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.28, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-290 Actual well or corehole location

A. The actual horizontal surface location of the well shall be within three feet of the permitted location designated on the well plat, except where an operator has stated that the location may vary up to 10 feet in the notice as required in § 45.2-1632 of the Code of Virginia.

B. The permittee shall survey the actual location of the well which may be made from a minimum of two temporary points not disturbed during development of the well or site and shown on the plat submitted with the permit application. The permittee shall submit an updated plat, certified by a licensed land surveyor or licensed professional engineer, showing the actual well location certified to be within three feet of the permitted location, or within 10 feet as provided for in subsection A of this section. This updated plat shall be included with the drilling report submitted in accordance with 4VAC25-150-360.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.29, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-300 Pits

A. General requirements.

Pits are to be temporary in nature and are to be reclaimed when the operations using the pit are complete. All pits shall be reclaimed within 180 days unless a variance is requested and granted by the field inspector.
Pits may not be used as erosion and sediment control structures or stormwater management structures, and surface drainage may not be directed into a pit.
Pits shall have a properly installed and maintained liner or liners made of 10 mil or thicker high-density polyethylene or its equivalent.
Pits shall be constructed of sufficient size and shape to contain all fluids and maintain a two-foot freeboard.
Pits shall be enclosed by adequate fencing to secure the site from access by the public and wildlife.

B. Operational requirements.

The integrity of lined pits and their enclosures shall be maintained until the pits are reclaimed or otherwise closed. Upon failure of the lining or pit, the operation shall be shut down until the liner and pit are repaired or rebuilt. The permittee shall notify the division, by the quickest available means, of any pit leak.
Motor oil and, to the extent practicable, crude oil shall be kept out of the pit. Oil shall be collected and disposed of properly. Litter and other solid waste shall be collected and disposed of properly and not thrown into the pit.
At the conclusion of drilling and completion operations or after a dry hole, well, or corehole has been plugged, the pit shall be drained in a controlled manner and the fluids disposed of in accordance with 4VAC25-150-420. If the pit is to be used for disposal of solids, then the standards of 4VAC25-150-430 shall be met.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.30, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-310 Tanks

A. All tanks installed on or after September 25, 1991, shall be designed and constructed to contain the fluids to be stored in the tanks and prevent unauthorized discharge of fluids.

B. All tanks shall be maintained in good condition and repaired as needed to ensure the structural integrity of the tank.

C. Every permanent tank or battery of tanks shall have secondary containment achieved by constructing a dike or firewall with a capacity of 1-1/2 times the volume of the largest tank when plumbed at the top, or all tanks when plumbed at the bottom, utilizing a double wall tank or another method approved by the division.

D. Dikes and firewalls shall be maintained in good condition, and the reservoir shall be kept free from brush, water, oil or other fluids.

E. Permittees shall inspect the structural integrity of tanks and tank installations, at a minimum, annually. The report of the annual inspection shall be maintained by the permittee for a minimum of three years and be submitted to the director upon request.

F. Load lines shall be properly constructed and operated on the permitted area.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.31, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-320 Blowout prevention

A. Applicability. All wells shall be equipped to control formation pressure during drilling and servicing as follows:

Blowout prevention equipment is required when formation pressures of 1,000 pounds or greater are encountered or are expected to be encountered, or when drilling in an area where there is no prior knowledge of the formation pressures to be encountered.
A diverter system is required when formation pressures are expected to be less than 1,000 pounds.

B. All blowout preventers, diverters, choke lines, kill lines and manifolds shall be installed above ground level. Casing heads and optional spools may be installed below ground level provided they are readily accessible.

C. The diverter, chokelines and kill lines shall be anchored, tied or otherwise secured to prevent whipping resulting from pressure surges.

D. Pressure ratings.

All pipe fittings, valves and unions placed on or connected with the well or corehole, as well as blowout prevention equipment, casing, casing head, drill pipe, or tubing, shall have a minimum working pressure rating of 110% of the maximum anticipated pressure that the material will be exposed to and shall be in good working condition.
All ram type blowout preventers and related equipment shall be tested to 110% of the maximum anticipated formation pressure, not to exceed 70% of the rated burst pressure of the casing that the blowout preventers are connected to before being placed in service. Annular type blowout preventers shall be tested in conformance with the manufacturer's published instructions, or those of a licensed professional engineer, prior to use.

E. While in service, blowout prevention equipment shall be visually inspected daily. A preventer operating test shall be performed at least once on all the blowout prevention equipment except the blind rams which shall be tested on each round trip.

F. All employees on the rig shall be trained, knowledgeable and able to properly operate the blowout preventer system. In addition, when blowout prevention equipment is installed, at least one person who is certified in blowout prevention and well control procedures by a school of blowout prevention acceptable to the director shall be responsible for the proper testing and operations of the blowout preventers and related equipment.

G. When repairs or other work must be performed to the blowout prevention equipment, drilling and servicing operations must stop until the blowout prevention equipment is returned to service.

H. A record of all tests on the equipment shall be kept at the rig for inspection by the director until drilling or servicing operations have been completed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.32, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-330 Swabbing, perforating and wireline operations

A. All wells and coreholes shall be cleaned into properly constructed pits or containers at a safe distance from the rig floor and from any potential fire hazard.

B. Possible sources of ignition, such as all engines and motors not essential to the swabbing operation, shall be shut down while swabbing operations are being conducted.

C. Swabbing operations shall be conducted only during daylight hours or with adequate illumination.

D. Swabbing shall be conducted so that fluids are routed through a closed-flow system to the maximum extent possible.

E. All oil savers shall be of the type that do not require a person to be near the lubricator or wellhead to control the oil saver.

F. All swabbing lines, blow down lines or flow lines to pits or tanks shall be securely anchored. Whenever hydrocarbons or other volatile fluids may be expected, these lines shall extend a safe distance from the well and away from any other source of ignition.

G. On wells where there is a possibility of flow during swabbing or other wireline operations, a lubricator shall be used that will allow the removal of the swabbing or other tools without venting gas from the well.

H. There shall be no radio or radio-phone transmitters operated where perforating operations are in progress. Warning signs shall be conspicuously placed at entrances to work sites, which shall be at a minimum, 200 feet from the operation where perforating is being done.

I. Upon the conclusion of perforating operations, the work area shall be inspected and all explosive material and scraps shall be placed in containers and removed from the site.

J. Electrical grounding between the well head, service unit, and rig structure shall be made prior to operating tools using explosives.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.33, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-340 Drilling fluids

A. Operations plan requirements. Applicants for a permit shall provide, prior to commencing drilling, documentation that the water meets the requirements of subsection B of this section, and a general description of the additives and muds to be used in all stages of drilling. Providing that the requirement in subsection C of this section is met, variations necessary because of field conditions may be made with prior approval of the director and shall be documented in the driller's log.

B. Water quality in drilling.

Before the water-protection string is set, permittees shall use one of the following sources of water in drilling:

a. Water that is from a water well or spring located on the drilling site; or

b. Conduct an analysis of groundwater within a one-quarter-mile radius of the drilling location, and use:

(1) Water which is of equal or better quality than the groundwater; or

(2) Water which can be treated to be of equal or better quality than the groundwater. A treatment plan must be included with the application if water is to be treated.

(3) If, after a diligent search, a groundwater source (such as a well or spring) cannot be found within a one-quarter-mile radius of the drilling location, the applicant may use water meeting the parameters listed in the Department of Environmental Quality's "Ground water criteria," 9VAC25-280-70. The analysis shall include, but is not limited to, the following items:

(a) Chlorides;

(b) Total dissolved solids;

(d) Iron;

(e) Manganese;

(f) PH;

(g) Sodium; and

(h) Sulfate.

(4) Drilling water analysis shall be taken within a one-year period preceding the drilling application.

After the water-protection string is set, permittees may use waters that do not meet the standards of subdivision B 1 of this section.

C. Drilling muds. No permittee may use an oil-based drilling fluid or other fluid which has the potential to cause acute or chronic adverse health effects on living organisms unless a variance has been approved by the director. Permittees must explain the need to use such materials and provide the material data safety sheets. In reviewing the request for the variance, the director shall consider the concentration of the material, the measures to be taken to control the risks, and the need to use the material. Permittees shall also identify what actions will be taken to ensure use of the additives will not cause a lessening of groundwater quality.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.34, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-350 Gas, oil or geophysical operations in hydrogen sulfide areas

A. Applicability. This section shall apply to every permittee who drills or operates a well or drills a corehole:

In areas of unknown hydrogen sulfide conditions;
Below the base of the devonian shale; or
In areas where the hydrocarbons contain gas with a concentration of 100 parts per million (ppm) or greater of hydrogen sulfide as a constituent of the gas.

B. Permittees shall not remove hydrocarbons with a hydrogen sulfide concentration of 100 parts per million or greater from the well site where they were produced unless:

The hydrocarbons have been cleaned on-site so that the hydrogen sulfide concentration is less than 100 parts per million; or
The permittee has received a variance from the director.

C. General requirements.

Each permittee subject to this section shall determine the hydrogen sulfide concentration in the hydrocarbons by a test approved by the director such as a test in accordance with ASTM Standard D-2385-66, or GPA Plant Operation Test Manual C-1, GPA Publication 2265-68.
Automatic hydrogen sulfide detection and alarm equipment that will warn of the presence of hydrogen sulfide gas shall be utilized at the site.

D. Materials and equipment.

For new construction or modification of facilities, including materials and equipment to be used in drilling and workover operations, permittees shall only use metal components, approved by the director, which have been selected and manufactured so as to be resistant to hydrogen sulfide stress cracking under the operating conditions for which their use is intended. This requirement may be met by use of components that satisfy the requirements of NACE Standard MR-01-75 and API RP-14E, §§ 1.7(c), 2.1(c) and 4.7. The handling and installation of materials and equipment used in hydrogen sulfide service are to be performed in such a manner so as not to induce susceptibility to sulfide stress cracking.
Other materials and equipment, including materials and equipment used in drilling and workover operations, may be used for hydrogen sulfide service provided such materials and equipment are proved, as the result of advancements in technology or as the result of control and knowledge of operating conditions such as temperature and moisture content, suitable for the use intended and where such usage is technologically acceptable as good engineering practice, and the director has approved a variance for the materials and equipment for the specific uses.
In the event of a failure of any element of an existing system as the result of hydrogen sulfide stress cracking, the compliance status of the system shall be determined by the director after the operator has submitted a detailed written report on the failure to the director.

E. Reporting. The permittee shall report the hydrogen sulfide concentrations of the hydrocarbon in any well or corehole where the hydrogen sulfide concentration is equal to or exceeds 100 parts per million with the drilling report under 4VAC25-150-360 or with the plugging affidavit for coreholes under 4VAC25-150-460.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.35, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-360 Drilling, completion, and other reports

A. Each permittee conducting drilling shall file, electronically or on a form prescribed by the director, a drilling report within 90 days after a well reaches total depth.

B. Each permittee drilling a well shall file, electronically or on a form prescribed by the director, a completion report within 90 days after the well is completed. All completion reports shall include the cement bond log required in subsection C of 4VAC25-150-280. Subject to the approval of the director, permittees may submit alternative documentation that demonstrates effective bond between the casing and the formation.

C. The permittee shall file the driller's log, the results of any other log or survey required to be run in accordance with this chapter or by the director, and the plat showing the actual location of the well with the drilling report, unless they have been filed earlier.

D. The permittee shall, within 90 days of reaching total depth, file with the division the results of any gamma ray, density, neutron, induction, and cement bond logs, or their equivalent, that have been conducted on the wellbore in the normal course of activities that have not previously been required to be filed.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.36, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-365 Disclosure of well stimulation fluids

A. In addition to other requirements that may be prescribed by the director, each completion report required in 4VAC25-150-360 shall also contain the following disclosures:

The operator of the well shall complete the Chemical Disclosure Registry form and upload the form on the Chemical Disclosure Registry, including:

a. The operator name;

b. The date of completion of the hydraulic fracturing treatment or treatments;

c. The county in which the well is located;

d. The American Petroleum Institute (API) number for the well;

e. The well name and number;

f. The longitude and latitude of the wellhead;

g. The total vertical depth of the well;

h. The total volume of water used in the hydraulic fracturing treatment or treatments of the well or the type and total volume of the base fluid used in the hydraulic fracturing treatment or treatments, if something other than water;

i. Each additive used in the hydraulic fracturing treatments and the trade name, supplier, and a brief description of the intended use or function of each additive in the hydraulic fracturing treatment or treatments;

j. Each chemical ingredient used in the hydraulic fracturing treatment or treatments of the well that is subject to the requirements of 29 CFR 1910.1200(g)(2), as provided by the chemical supplier or service company or by the operator, if the operator provides its own chemical ingredients;

k. The actual or maximum concentration of each chemical ingredient listed under subdivision j of this subsection in percent by mass;

l. The CAS number for each chemical ingredient listed, if applicable; and

m. A supplemental list of all chemicals, their respective CAS numbers, and the proportions thereof not subject to the requirements of 29 CFR 1910.1200(g)(2), that were intentionally included in and used for the purpose of creating the hydraulic fracturing treatments for the well.

B. The department shall obtain and maintain data submitted to the Chemical Disclosure Registry. If the Chemical Disclosure Registry is temporarily inoperable, the operator of a well on which hydraulic fracturing treatment or treatments were performed shall supply the department with the required information and upload the information on the registry when it is again operable. The information required shall also be filed as an attachment to the completion report for the well, which shall be posted, along with all attachments, on the department's website, except that information determined to be subject to trade secret protection shall not be posted.

C. All information related to the specific identity or CAS number or amount of any additive or chemical ingredient used in hydraulic fracturing shall be submitted to the department and shall be available to the public unless the department determines that information supplied by the operator and claimed to be a trade secret is entitled to such protection. All information claimed as a trade secret shall be identified as such at the time of submission of the appropriate report. The department shall treat as confidential in accordance with law, information that meets the criteria specified in law for a trade secret and is contained on such forms and filings as is required under this chapter. Such criteria shall include a demonstration by the claimant that the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Should the department determine that information is protected as a trade secret, the operator of the well shall indicate on the Chemical Disclosure Registry or the supplemental list that the additive or chemical ingredient or their amounts are entitled to trade secret protection. If a chemical ingredient name or CAS number is entitled to trade secret protection, the chemical family or other similar description associated with such chemical ingredient shall be provided. The operator of the well on which hydraulic fracturing was performed shall provide the contact information, including the name, authorized representative, mailing address, and phone number of the business organization for which trade secret protection exists. Unless the information is entitled to protection as a trade secret, information submitted to the department or uploaded on the Chemical Disclosure Registry is public information.

D. The operator understands that the director may disclose information regarding the specific identity of a chemical, the concentration of a chemical, or both the specific identity and concentration of a chemical claimed to be a trade secret to additional department staff to the extent that such disclosure is necessary to assist the department in responding to an emergency resulting in an order pursuant to subsection D of § 45.2-1629 of the Code of Virginia provided that such individuals shall not disseminate the information further. In addition, the director may disclose such information to any relevant state or local government official to assist in responding to the emergency. Any information so disclosed shall at all times be considered confidential and shall not be construed as publicly available. The director shall notify the trade secret claimant or holder of disclosures made to relevant state or local government officials as soon as practicable after such disclosure is made.

E. An operator may not withhold information related to chemical ingredients used in hydraulic fracturing, including information identified as a trade secret, from any health professional or emergency responder who needs the information for diagnostic, treatment, or other emergency response purposes subject to procedures set forth in 29 CFR 1910.1200(i). An operator shall provide directly to a health professional or emergency responder, all information in the person's possession that is required by the health professional or emergency responder, whether or not the information may qualify for trade secret protection under this section. The person disclosing information to a health professional or emergency responder shall include with the disclosure, as soon as circumstances permit, a statement of the health professional's confidentiality obligation. In an emergency situation, the operator shall provide the information immediately upon request to the person who determines that the information is necessary for emergency response or treatment. The disclosures required by this subsection shall be made in accordance with the procedures in 29 CFR 1910 with respect to a written statement of need and confidentiality agreements, as applicable.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 7, eff. December 28, 2016; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-370 Wellhead equipment

A. All wellhead connections and equipment, including but not limited to pipe fittings, valves and unions placed on or connected with a well, well casing, casing head, drill pipe, or tubing shall have a working pressure rating of a minimum of 110% of the maximum anticipated pressure that the material will be exposed to, and shall be in good working condition.

B. Adequate and proper wellhead equipment shall be installed and maintained in good working order on every well that is not permanently abandoned and plugged, so that pressure measurements may be obtained at any time. Valves shall be installed so that pressures can be separately obtained from each production string.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.37, eff. September 25, 1991.

4VAC25-150-380 Incidents, spills and unpermitted discharges

A. Incidents. A permittee shall, by the quickest available means, notify the division in the event of any unplanned off-site disturbance, fire, blowout, pit failure, hydrogen sulfide release, unanticipated loss of drilling fluids, or other incident resulting in serious personal injury or an actual or potential imminent danger to a worker, the environment, or public safety. The permittee shall take immediate action to abate the actual or potential danger. The permittee shall submit a written or electronic report within seven days of the incident containing:

A description of the incident and its cause;
The date, time and duration of the incident;
A description of the steps that have been taken to date;
A description of the steps planned to be taken to prevent a recurrence of the incident; and
Other agencies notified.

B. On-site spills.

A permittee shall take all reasonable steps to prevent, minimize, or correct any spill or discharge of fluids on a permitted site which has a reasonable likelihood of adversely affecting human health or the environment. All actions shall be consistent with the requirements of an abatement plan, if any has been set, in a notice of violation or closure, emergency or other order issued by the director.
A permittee shall orally report on-site spills or unpermitted discharges of fluids which are not required to be reported in subsection A of this section to the division within 24 hours. The oral report shall provide all available details of the incident, including any adverse effects on any person or the environment. A written report shall be submitted within seven days of the spill or unpermitted discharge. The written report shall contain:

a. A description of the incident and its cause;

b. The period of release, including exact dates and times;

c. A description of the steps to date; and

d. A description of the steps to be taken to prevent a recurrence of the release.

C. Off-site spills. Permittees shall submit a written report of any spill or unpermitted discharge of fluids that originates off of a permitted site with the monthly report under 4VAC25-150-210. The written report shall contain:

A listing of all agencies contacted about the spill or unpermitted discharge; and
All actions taken to contain, clean up or mitigate the spill or unpermitted discharge.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.38, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-390 Shut-in wells

A. If a well is shut-in or otherwise not produced for a period of 12 consecutive months, the permittee shall measure the shut-in pressure on the production string or strings and report such pressures to the division annually. If the well is producing on the backside or otherwise through the casing, the permittee shall measure the shut-in pressure on the annular space.

B. A report of the pressure measurements on the nonproducing well shall be maintained and reported to the director annually by the permittee for a maximum period of two years.

C. Should the well remain in a nonproducing status for a period of two years, the permittee shall submit a plan for future well production to the director. A nonproducing well shall not remain unplugged for more than a three-year period unless approved by the director.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.39, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-400 Measurement of gas and oil

A. Natural gas.

Each producer shall measure all gas produced from each well, or as prescribed by the director, using a method permitting the computation of volumes, in Mcf. This requirement may be met by use of the standards in:

a. "Orifice Metering of Natural Gas," ANSI/API 2530, American Gas Association, 1978;

b. "AGA Gas Measurement Manual, Part 2: Displacement Measurement," American Gas Association, 1977; or

c. "AGA Gas Measurement Manual, Part 3: Gas Turbine Metering," American Gas Association, 1989.

The director may require use of meters at designated places to obtain accurate records of the production of gas.

B. Oil. Each permitted oil operation shall use sufficient tanks or meters to measure the volume of oil produced. In no case shall meters be the sole means of measuring oil, unless such metering is conducted in accordance with a method approved by the director such as the API Manual of Petroleum Measurement Standards, 1981, Chapter 6.1, LACT Systems. A permittee may request a variance from the director to use a gauge tank to check the readings of meters.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.40, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-410 Venting and flaring of gas; escape of oil

A. It shall be unlawful for any permittee to allow crude oil or natural gas to escape from any well, gathering pipeline or storage tank except as provided for in this section or in an approved operations plan. The permittee shall take all reasonable steps to shut in the gas or oil in the well, or make the necessary repairs to the well, gathering pipeline or storage tank to prevent the escape. All actions shall be consistent with the requirements of an abatement plan, if any has been set, in a notice of violation or closure, emergency or other order issued by the director.

B. A permittee shall drill or repair a well with special diligence so that waste of gas or oil from the well shall not continue longer than reasonably necessary under the following circumstances:

When, during drilling, gas or oil is found in the well and the permittee desires to continue to search for gas or oil by drilling deeper; or
When making repairs to any well producing gas or oil, commonly known as cleaning out.

C. No gas shall be flared or vented from a well for more than seven days after completion of the well except in these circumstances:

When a well must be blown to remove accumulated formation fluid which has restricted efficient production, or the well must be otherwise cleaned out as provided for in subsection B of this section;
For the safety of mining operations;
For any activity excluded in the definition of "waste" under § 45.2-1600 of the Act; or
For any other operational reason approved in advance by the director.

D. In all cases where both gas and oil are found and produced from the same stratum, the permittee shall use special diligence to conserve and save as much of the gas as is reasonably possible.

E. Venting shall only be used when flaring is not safe or not feasible.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.41, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-420 Disposal of pit and produced fluids

A. Applicability. All fluids from a well, pipeline or corehole shall be handled in a properly constructed pit, tank or other type of container approved by the director.

A permittee shall not dispose of fluids from a well, pipeline or corehole until the director has approved the permittee's plan for permanent disposal of the fluids. Temporary storage of pit or produced fluids is allowed with the approval of the director. Other fluids shall be disposed of in accordance with the operations plan approved by the director.

B. Application and plan. The permittee shall submit an application for either on-site or off-site permanent disposal of fluids on a form prescribed by the director. Maps and a narrative describing the method to be used for permanent disposal of fluids must accompany the application if the permittee proposes to land apply any fluids on the permitted site. The application, maps, and narrative shall become part of the permittee's operations plan.

C. Removal of free fluids. Fluids shall be removed from the pit to the extent practical so as to leave no free fluids. In the event that there are no free fluids for removal, the permittee shall report this on the form provided by the director.

D. On-site disposal. The following standards for on-site land application of fluids shall be met:

Fluids to be land-applied shall meet the parameters listed in the Department of Environmental Quality's "Ground water criteria," (9VAC25-280-70), following criteria:

Acidity: <alkalinity

Alkalinity: >acidity

Chlorides: <5,000 mg/l

Iron: <7 mg/l

Manganese: <4 mg/l

Oil and Grease: < 15 mg/l

pH: 6-9 Standard Units

Sodium Balance: SAR of 8-12

Land application of fluids shall be confined to the permitted area.
Fluids shall be applied in a manner which will not cause erosion or runoff. The permittee shall take into account site conditions such as slope, soils and vegetation when determining the rate and volume of land application on each site. As part of the application narrative, the permittee shall show the calculations used to determine the maximum rate of application for each site.
Fluid application shall not be conducted when the ground is saturated, snow-covered or frozen.
The following buffer zones shall be maintained unless a variance has been granted by the director:

a. Fluid shall not be applied closer than 25 feet from highways or property lines not included in the acreage shown in the permit.

b. Fluid shall not be applied closer than 50 feet from surface watercourses, wetlands, natural rock outcrops, or sinkholes.

c. Fluid shall not be applied closer than 100 feet from water supply wells or springs.

The permittee shall monitor vegetation for two years after the last fluid has been applied to a site. If any adverse effects are found, the permittee shall report the adverse effects in writing to the division.
The director may require monitoring of groundwater quality on sites used for land application of fluids to determine if the groundwater has been degraded.

E. Off-site disposal of fluids.

Each permittee using an off-site facility for disposal of fluids shall submit:

a. A copy of a valid permit for the disposal facility to be used; and

b. Documentation that the facility will accept the fluids.

Each permittee using an off-site facility for disposal of fluids shall use a waste-tracking system to document the movement of fluids off of a permitted site to their final disposition. Records compiled by this system shall be reported to the division annually and available for inspection on request. Such records shall be retained until such time the injection well is reclaimed and has passed bond release.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.42, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-430 Disposal of solids

A. Applicability. All drill cuttings and solids shall be disposed of in the on-site pit as provided in subsection C of this section or as approved by the director. All other solid waste from gas, oil or geophysical operations shall be disposed of in a facility permitted to accept that type of waste.

B. Plan. Each operator shall submit a description of how drill cuttings and solids will be disposed of in the operations plan.

C. Disposal in a pit. Drill cuttings and solids may be disposed of on-site in an approved pit, without testing of the material.

The drill cuttings and solids shall be covered with a liner meeting the standards of 4VAC25-150-300, or a low-permeability clay cap, and shall be covered by soil. The combination of soil and liner or cap shall be at least four feet thick, capable of shielding the cuttings and solids remaining in the pit, suitable for supporting vegetation, and sloped to prevent ponding.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.43, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2. eff. November 11, 1998.

Article 6 Plugging and Abandonment

4VAC25-150-435 Plugging for abandonment or plug-back operations

A. Permit requirements; variances.

Plugging operations shall not commence until a detailed plugging plan has been submitted to and approved by the director. A permit modification is required if the well was not previously permitted for plugging.
Any person may file an application with the director to replug a previously plugged well in any manner permissible under provisions of this section to facilitate the safe mining-through of the well at a later date. The application shall be treated in all respects like any other application for a permit under § 45.2-1631 of the Code of Virginia.
The director may, upon application by the permittee, approve a variance to the prescribed plugging methods for the following reasons if it is determined that the alternate plan meets the requirements of the Act:

a. The coal owner or operator requests a special plugging program to facilitate mine safety, mining through the well, or to obtain approval from another governmental agency for the safe mining-through of a well. The application for a variance must include documentation of the request from the coal owner or operator.

b. The permittee has obtained written authorization from the coal owner or operator for alternate plugging of the coal-bearing section. The application for a variance must include documentation of approval by the coal owner or operator.

c. Downhole conditions such as junk in the hole, a stuck or collapsed casing, caving or other adverse conditions which would prevent proper execution of the prescribed plugging methods.

d. A permittee presents an alternate plugging plan which may differ in method from that prescribed herein, but which will achieve the desired result.

B. Plugging in open hole. When a well or section of a well without casing is to be plugged or plugged back, it shall be sealed and filled as prescribed in this section.

At a point approximately 20 feet above each oil, gas or water-bearing stratum in open hole, a plug shall be placed so as to completely seal the wellbore. Whenever two or more gas or oil stratum are not widely separated, they may be treated as a single stratum and plugged accordingly. Cement plugs shall be at least 100 feet in length. At least 20 feet of cement shall be placed on top of open hole bridge plugs.
At each coal seam, a cement plug shall be placed from not less than 50 feet below the base of the coal to not less than 50 feet above the top of the coal. Whenever two or more coal seams are not widely separated, they may be treated as a single seam and plugged accordingly. This subsection applies only to coal seams which occur at a depth compatible with mining. Coal-bearing sections at greater depths may be plugged in accordance with subdivision B 1 of this section.
If a source of groundwater capable of having a beneficial use is exposed in open hole below surface (water-protection) casing, a cement plug at least 100 feet in length shall be placed below the base of the lowest such groundwater zone.
A cement plug of a minimum length of 100 feet shall be placed across the shoe of the surface (water-protection) casing. The plug shall be placed so as to have approximately equal lengths in open hole and inside casing. If the well is without surface casing, a continuous cement plug shall be placed from at least 50 feet below the base of the lowest known aquifer or 300 feet depth, whichever is deeper, to the surface.
All intervals below and between plugs shall be filled with drilling mud, bentonite gel, or other appropriately weighted materials approved by the director.

C. Plugging in cased hole. When a cased hole or section of a cased hole is to be plugged or plugged back, it shall be sealed and filled as prescribed in this section.

All perforated intervals shall be either squeeze-cemented or otherwise isolated from the wellbore by suitable plugs placed across or immediately above the perforated interval. Cement plugs placed across perforations shall extend to at least 50 feet above the top perforations. A cement plug shall be placed to at least 50 feet above squeezed perforations. Cement plugs placed entirely above perforations shall be at least 100 feet in length. At least 20 feet of cement shall be placed on top of bridge plugs, cement retainers, or other tools left in the hole.
At each coal seam which is behind a properly installed and cemented coal-protection casing, a cement plug shall be placed from not less than 50 feet below the base of the coal to not less than 50 feet above the top of the coal. Whenever two or more coal seams are not widely separated, they may be treated as a single seam and plugged accordingly.
If casing is not to be pulled, and there is uncemented annulus behind the pipe, plugging shall be as follows:

a. Each oil, gas or water-bearing stratum present behind the pipe in an uncemented annulus must be isolated by perforating the casing at each zone and squeezing cement up into the zone, or circulating cement up the annulus such that a cement fill-up of not less than 100 feet is achieved. When squeezing or circulating the annulus, a cement plug of at least 50 feet shall be placed inside the casing above the perforations.

b. If the well penetrates a minable coal-bearing section, and no coal-protection casing was used, and if surface (water-protection) casing is either absent or not properly placed and cemented to surface, the production casing shall be converted to a coal-protection string by perforating at least 50 feet below the base of the lowest coal stratum, and circulating cement in the annulus from that point to the surface.

c. At each coal seam in a minable coal-bearing section which is protected by a properly installed and cemented coal-protection string, a cement plug shall be placed in casing from not less than 50 feet below the base of the coal to not less than 50 feet above the top of the coal. If there is uncemented annulus between the inner casing and the coal-protection string, the casing shall be perforated to allow cement to be circulated over the prescribed interval, and a plug of equal length shall be placed inside the inner casing.

d. If a fresh water aquifer is exposed to the wellbore in an uncemented annulus, it shall be isolated by perforating the casing at least 100 feet below the aquifer and squeezing cement into the annulus or circulating it up the annulus so that a fill-up of not less than 100 feet is achieved. When squeezing or circulating cement, a cement plug of at least 100 feet shall be placed inside the casing above the perforation.

e. At a point no less than 50 feet below the shoe of surface (water-protection) string, the casing shall be perforated and cement circulated up the annulus to a minimum fill-up of 100 feet. A plug of equal length shall be placed inside the casing.

f. From a point not less than 50 feet below surface, a cement plug shall be installed which reaches the surface. If any uncemented annuli are present at the surface, the voids should be filled and sealed to the greatest extent possible by introducing cement from the surface.

g. All intervals below and between plugs shall be filled with drilling mud, bentonite gel, or other appropriately weighted materials approved by the director.

If casing is to be pulled, plugging shall be as follows:

a. All perforated intervals shall be isolated as described in subdivision C 1 of this section.

b. Casing stubs shall be isolated by placing a plug across or above the cut-off point. Cement plugs shall be at least 100 feet in length and shall be placed so as to have approximately equal lengths inside and above the remnant casing. Permanent bridge plugs may be placed above the stub and shall be capped by at least 20 feet of cement.

D. Plugging operations involving uncemented water-protection casing or coal-protection casing.

If the annulus of the largest casing present across a minable coal-bearing section is not cemented across that section, then one of the two procedures listed below must be followed:

a. The casing must be perforated at least 50 feet below the lowest coal seam, and cement circulated in the annulus to the surface (if water-protection casing is absent or not properly placed and cemented to surface), or to at least 100 feet above the highest coal (if the casing is to be partially pulled to facilitate plugging operations in the fresh water zone). Plugging shall proceed according to cased hole requirements; or

b. The casing shall be pulled from the well, and plugging shall proceed according to open hole requirements.

If the annulus of the largest casing present across the fresh-water-bearing section is not cemented across that section, then one of the two procedures listed below must be followed:

a. The casing shall be perforated below the lowest known fresh-water zone or at a minimum depth of 300 feet. Cement shall be circulated in the annulus to the surface. Plugging shall proceed according to cased hole requirements; or

b. The casing shall be pulled from the well, and a continuous cement plug shall be placed from below the base of the lowest known fresh-water aquifer exposed to the wellbore, or 300-foot depth, whichever is deeper, to the surface.

E. Unfillable cavities. When an unfillable cavity such as a cavern, mine void, blast stimulation zone or gob completion is encountered, the section shall be plugged as follows:

If the stratum with the unfillable cavities is the lowest gas or oil stratum in the well, a plug shall be placed at the nearest suitable point not less than 20 feet above the stratum. Cement plugs shall be at least 100 feet long, and at least 20 feet of cement shall be placed on top of bridge plugs.
If the stratum with unfillable cavities is above the lowest gas or oil stratum, a plug shall be placed below the stratum and shall extend to within 20 feet of its base. A plug shall also be placed above the stratum as described in subdivision E 1 of this section.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 2, eff. November 11, 1998; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-440 Abandonment of a gas or oil well or corehole as a water well

A permittee wishing to develop a gas or oil well or corehole as a water well shall submit an application for a permit modification in accordance with 4VAC25-150-110.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.44, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-450 Identification, plugging and control of wells or coreholes in which radioactive source logging tools have been abandoned

A. Permittees shall, by the quickest available means, notify the division of the loss of a radioactive source in a well or corehole.

B. No radioactive source shall be declared abandoned until all reasonable effort has been expended to retrieve the radioactive source tool.

C. A well or corehole in which a radioactive source has been abandoned shall be mechanically equipped and plugged so as to prevent either accidental or intentional mechanical disintegration of the radioactive source, as follows:

Sources abandoned in the bottom of the hole shall be covered with a 100-foot standard color cement plug, dyed with red iron oxide, and an approved deflection device shall be placed on top of the plug. The dye is to alert any reentry operator prior to encountering the source. From this point to the surface, the well or corehole shall be plugged as provided in 4VAC25-150-435.
Sources lost in locations other than in the bottom of the hole shall be abandoned in accordance with the following standards:

a. If a well or corehole with the lost radioactive source will be abandoned and plugged, then a 100-foot standard color cement plug, dyed with red iron oxide, shall be placed above the abandoned source and an approved deflection device shall be placed on top of the plug. From this point to the surface, the well or corehole shall be plugged as provided in 4VAC25-150-435.

b. If a well or corehole is to be deviated or sidetracked around a lost radioactive source, then a 100-foot standard color cement plug, dyed with red iron oxide, shall be placed above the abandoned source, and an approved deflection device shall be placed on top of the plug.

c. Upon abandoning a well in which a radioactive source has been cemented in place behind a casing string above total depth, a 100-foot standard color cement plug, dyed with red iron oxide, shall be placed opposite the abandoned source and an approved deflection device placed on top of the plug, in addition to the plugging standards provided in 4VAC25-150-435.

If a permittee finds, after expending reasonable effort, that hole conditions make it impossible to abandon the source as prescribed in subdivision C 1 or C 2 of this section, then the permittee shall apply for a variance from the director for an alternate abandonment procedure.

D. Upon plugging and abandoning any well or corehole in which a radioactive source has been left in the hole, and after removing the wellhead equipment, a permanent plaque shall be attached to the top of the casing left in the hole in such a manner that reentry cannot be accomplished without disturbing the plaque. The plaque shall serve as a visual warning to any person reentering the hole that a radioactive source has been abandoned in place in the well. The plaque shall contain the trefoil radiation symbol with a radioactive warning and shall be constructed of a long-lasting material such as monel, stainless steel or brass.

E. The permittee shall erect a permanent marker as a visual warning to any person who may reenter the hole for any reason, showing that the hole contains a radioactive source. In addition to meeting the requirements of 4VAC25-150-460, any marker for a hole containing a radioactive source shall bear the following information:

Surface location of the well;
Name of the lease;
Source of material abandoned in the well;
Total depth of the well;
Depth at which the source has been abandoned;
Date of the abandonment of the source;
Activity of the source;
Plug-back depth; and
A warning not to drill below the plug-back depth.

F. The information required by subsection E of this section shall be provided with the plugging affidavit submitted pursuant to 4VAC25-150-460.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.45, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-460 Identifying plugged wells and coreholes; plugging affidavit

A. Abandoned wells and coreholes shall be permanently marked in a manner as follows:

The marker shall extend not less than 30 inches above the surface and enough below the surface to make the marker permanent.
The marker shall indicate the permittee's name, the well name, the permit number and date of plugging.

B. A permittee may apply for a variance from the director to use alternate permanent markers. Such alternate markers shall provide sufficient information for locating the abandoned well or corehole. Provisions shall also be made to provide for the physical detection of the abandoned well or corehole from the surface by magnetic or other means including a certified map with the utilization of current GPS surveys.

C. When any well or corehole has been plugged or replugged in accordance with 4VAC25-150-435, two persons, experienced in plugging wells or coreholes, who participated in the plugging of a well or corehole, shall complete the plugging affidavit designated by the director, setting forth the time and manner in which the well or corehole was plugged and filled, and the permanent marker was placed.

D. One copy of the plugging affidavit shall be retained by the permittee, one shall be mailed to any coal owner or operator on the tract where the well or corehole is located, and one shall be filed with the division within 90 days after the day the well was plugged.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.46, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-470 Release of bond

A. Application for bond release.

A permittee desiring to have a bond released by the director shall apply in writing identifying the operation, and documenting that the well or disturbed land meets the requirements for partial or full bond release. A bond may be reduced or released by the director only in writing.

B. Partial bond release.

The portion of a permittee's bond covering disturbed land may be released as follows:

A permittee with an individual bond under § 45.2-1633 of the Code of Virginia shall be eligible for release of the portion of the bond covering disturbed land after the land has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter.
A permittee with a blanket bond under § 45.2-1633 of the Code of Virginia shall be eligible for release of 75% of the portion of the bond calculated on acreage of disturbed land after the land has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter.

C. Full bond release.

A permittee's bond or coverage of a well and land under a blanket bond is eligible for full release when:

A well has been plugged, the plugging affidavit has been submitted to the director and the land under the bond has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter;
The well is abandoned as a water well in accordance with 4VAC25-150-440 of this chapter and the land under the bond has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter;
The well is abandoned as a vertical ventilation hole in accordance with 4VAC25-150-650 of this chapter and the land under the bond is permitted by the department's Division of Mined Land Repurposing or has been successfully reclaimed to the standards of 4VAC25-150-260 of this chapter; or
Other bond has been accepted by the director.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.47, eff. September 25, 1991; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-480 Orphaned wells; right of entry

A. Written consent from the owner of record or lessee, or their authorized agents, is the preferred means for obtaining agreements to enter lands in order to carry out plugging of orphaned wells and restoration of their sites. Nonconsensual entry under § 45.2-1629 E of the Code of Virginia shall be undertaken only after reasonable efforts have been made to obtain written consent.

B. Consent and entry shall meet the following standards:

The director or authorized contractors may enter lands to perform plugging and restoration activities or to conduct studies or investigations of orphaned wells if consent from the owner is obtained.
If consent is not obtained, then, prior to entry under this section, the director shall find, in writing, with supporting reasons, that:

a. Citizens or the environment of the Commonwealth or persons involved in coal or mineral mining may be at risk from an orphaned well; and

b. The owner of the land where entry must be made to plug an orphaned well and restore the site is not known or readily available, or the owner will not give permission for the director or authorized contractors to enter to plug the orphaned well and reclaim the site.

C. If consent is not obtained, the director shall give notice of his intent to enter for the purposes of conducting plugging and restoration at least 30 days before entry into the property. The notice shall be in writing and shall be mailed, return receipt requested, to the owner, if known, with a copy of the findings required by this section. If the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered, where it is readily visible to the public. The notice posted on the property and the newspaper notice pursuant to § 45.2-1642 C of the Code of Virginia shall include a statement of where the findings required by this section may be inspected or obtained.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 1.48, eff. September 25, 1991; amended, Virginia Register Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-490 Applicability, conventional gas and oil wells and Class II injection wells

A. Part II of this chapter sets forth requirements unique to conventional gas and oil wells and wells classified as Class II injection wells by the United States, Environmental Protection Agency under 40 CFR Part 146, Section 146.5.

B. Permittees must comply with the standards of general applicability in Part I of this chapter and with the standards for conventional gas and oil and Class II injection wells in this part, except that whenever the Environmental Protection Agency imposes a requirement under the Underground Injection Control (UIC) Program, 40 CFR Part 146, Sections 146.3, 146.4, 146.5, 146.6, 146.7, 146.8, 146.22 and 146.23 that governs an activity also governed by this chapter, the Environmental Protection Agency requirement shall control the permit issued under this chapter.

C. An application for a permit for a Class II injection well which has not been previously drilled under a permit from the director shall be submitted as an application for a new permit. An application for a permit for conversion of a permitted gas or oil well to a Class II injection well shall be submitted as an application for a permit modification.

D. The director shall not issue a permit for a Class II injection well until after the Environmental Protection Agency has issued its permit for the injection well.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 2.1, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-500 Application for a permit, conventional well or Class II injection well

A. In addition to the requirements of 4VAC25-150-80 or 4VAC25-150-110, every application for a permit or permit modification for a conventional gas or oil well or a Class II injection well shall contain:

The approximate depth to which the well is proposed to be drilled or deepened, or the actual depth to which the well has been drilled;
The approximate depth and thickness, if applicable, of all known coal seams, known groundwater-bearing strata, and other known gas or oil strata between the surface and the depth to which the well is proposed to be drilled;
If casing or tubing is proposed to be or has been set, a description of the entire casing program, including the size of each string of pipe, the starting point and depth to which each string is to be or has been set, and the extent to which each string is to be or has been cemented; and
If the proposed work is for a Class II injection well, a copy of either the permit issued by, or the permit application filed with the Environmental Protection Agency under the Underground Injection Control Program.
The procedures to be followed to protect the safety of persons working in an underground coal mine for any well to be drilled within 200 feet of or into active workings. The permittee shall give notice of such drilling to the mine operator and the chief at least two working days prior to drilling.

B. In addition to the requirements of 4VAC25-150-80 and 4VAC25-150-110, every application for a permit or permit modification for a conventional gas or oil well or a Class II injection well may contain, if the proposed work is to drill, redrill or deepen a well, a plan showing the proposed manner of plugging the well immediately after drilling if the proposed well work is unsuccessful.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 2.2, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Errata, 15:6 VA.R. 938 December 7, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-510 Plats, conventional wells or Class II injection wells

A. In addition to the requirements of 4VAC25-150-90, every plat for a conventional gas or oil well shall show:

The boundaries of any drilling unit established by the board around the subject well;
The boundaries and acreage of the tract on which the well is located or is to be located;
The boundaries and acreage of all other tracts within one-half of the distance specified in § 45.2-1616 of the Code of Virginia or within one-half of the distance to the nearest well completed in the same pool, whichever is less, or within the boundaries of a drilling unit established by the board around the subject well;
Surface owners on the tract to be drilled and on all other tracts within the unit where the surface of the earth is to be disturbed;
All gas, oil or royalty owners on any tract located within one half of the distance specified in § 45.2-1616 of the Code of Virginia or within one-half of the distance to the nearest well completed in the same pool, whichever is less, or within the boundaries of a drilling unit established by the board around the subject well;
Coal owners and mineral owners on the tract to be drilled and on all other tracts located within 500 feet of the subject well location;
Coal operators who have registered operations plans with the department for activities located on the tract to be drilled, or who have applied for or obtained a coal mine license, coal surface mine permit or a coal exploration notice or permit from the department with respect to all tracts within 500 feet of a proposed gas or oil well;
Any inhabited building, highway, railroad, stream, permitted surface mine or permitted mine opening within 500 feet of the proposed well; and
If the plat is for an enhanced oil recovery injection well, any other well within 2,500 feet of the proposed or actual well location, which shall be presumed to embrace the entire area to be affected by an enhanced oil recovery injection well in the absence of a board order establishing units in the target pool of a different size or configuration.

B. If the well location is underlain by known coal seams, or if required by the director, the well plat shall locate the well and two permanent points or landmarks with reference to the mine coordinate system if one has been established for the area of the well location, and shall in any event show all other wells, surface mines and mine openings within the scope of the plat.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 2.3, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-520 Setback restrictions, conventional wells or Class II injection wells

No permit shall be issued for any well to be drilled closer than 200 feet from any inhabited building unless site conditions as approved by the director warrant the permission of a lesser distance and there exists a lease or agreement between the operator and the owner of the inhabited building. A copy of the lease or agreement shall accompany the application for a permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 2.4, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-530 Casing requirements for conventional gas or oil wells

A. Water-protection string.

Except as provided in subdivision A 5 of this section, the permittee shall set a water-protection string to a point at least 300 feet below the surface or 50 feet below the deepest known groundwater horizon, whichever is deeper, circulated and cemented in to the surface. If the cement does not return to the surface, every reasonable attempt shall be made to fill the annular space by introducing cement from the surface.
The operator shall test or require the cementing company to test the cement mixing water for pH and temperature prior to mixing the cement and to record the results on the cementing ticket.
After the cement is placed, the operator shall wait a minimum of eight hours and allow the cement to achieve a calculated compressive strength of 500 psi before drilling, unless the director approves a shorter period of time. The wait-on-cement (WOC) time shall be recorded within the records kept at the drilling rig while drilling is taking place.
When requested by the director, the operator shall submit copies of cement tickets or other documents that indicate the above specifications have been followed.
A coal-protection string may also serve as a water-protection string.

B. Coal-protection strings.

When any well penetrates coal seams that have not been mined out, the permittee shall, except as provided in subdivisions B 2 and B 3 of this section, set a coal-protection string. The coal-protection string shall exclude all fluids, oil, gas and gas pressure except that which is naturally present in each coal seam. The coal-protection string shall also exclude all injected material or disposed waste from the coal seams and the wellbore. The string of casing shall be set to a point at least 50 feet below the lowest coal seam, or as provided in subdivision B 3 of this section, and shall be circulated and cemented from that point to the surface or to a point not less than 50 feet into the water-protection string or strings which are cemented to the surface.
For good cause shown, either before or after the permit is issued, when the procedure specified in subdivision B 1 is demonstrated by the permittee as not practical, the director may approve a casing program involving the cementing of a coal-protection string in multiple stages, or the cementing of two or more coal-protection strings, or the use of other alternative casing procedures. The director may approve the program provided he is satisfied that the result will be operationally equivalent to compliance with the provisions of subdivision B 1 of this section for the purpose of permitting the subsequent safe mining through of the well or otherwise protecting the coal seams as required by this section. In the use of multiple coal-protection strings, each string below the topmost string shall be cemented at least 50 feet into the next higher string or strings that are cemented to the surface and be verified by a cement top log.
Depth of coal-protection strings:

a. A coal-protection string shall be set to the top of the red shales in any area underlain by them unless, on a showing by the permittee in the permit application, the director has approved the casing point of the coal-protection string at some depth less than the top of the red shales. In such event, the permittee shall conduct a gamma ray/density log survey on an expanded scale to verify whether the well penetrates any coal seam in the uncased interval between the bottom of the coal-protection string as approved and the top of the red shales.

b. If an unanticipated coal seam or seams are discovered in the uncased interval, the permittee shall report the discovery in writing to the director. The permittee shall cement the next string of casing, whether a part of the intermediate string or the production string, in the applicable manner provided in this section for coal-protection strings, from a point at least 50 feet below the lowest coal seam so discovered to a point at least 50 feet above the highest coal seam so discovered.

c. The gamma ray/density log survey shall be filed with the director at the same time the driller's log is filed under 4VAC25-150-360.

d. When the director believes, after reviewing documentation submitted by the permittee, that the total drilling in any particular area has verified the deepest coal seam higher than the red shales, so that further gamma ray/density logs on an expanded scale are superfluous for the area, he may waive the constructing of a coal-protection string or the conducting of such surveys deeper than 100 feet below the verified depth of the deepest coal seam.

C. Coal-protection strings of wells drilled prior to July 1, 1982. In the case of wells drilled prior to July 1, 1982, through coal seams without coal-protection strings substantially as prescribed in subsection B of this section, the permittee shall retain such coal-protection strings as were set. During the life of the well, the permittee shall, consistent with a plan approved by the director, keep the annular spaces between the various strings of casing adjacent to coal seams open to the extent possible, and the top ends of all such strings shall be provided with casing heads, or such other approved devices as will permit the free passage of gas or oil and prevent filling of the annular spaces with dirt or debris.

D. Producing from more than one stratum. The casing program for any well designed or completed to produce from more than one stratum shall be designed in accordance with the appropriate standard practices of the industry.

E. Casing through voids.

When a well is drilled through a void, the hole shall be drilled at least 30 feet below the void, the annular space shall be cemented from the base of the casing up to the void, and every reasonable attempt shall be made to fill the annular space from the top of the void to the surface, or it shall be cemented at least 50 feet into the next higher string or strings of casing that are cemented to the surface and be verified by a cement top log.
For good cause shown, the director may approve alternative casing procedures proposed by the permittee, provided that the director is satisfied that the alternative casing procedures are operationally equivalent to the requirements imposed by subdivision E 1 of this section.
For good cause shown, the director may impose special requirements on the permittee to prevent communication between two or more voids.

F. A well penetrating a mine other than a coal mine. In the event that a permittee has requested to drill a well in such a location that it would penetrate any active mine other than a coal mine, the director shall approve the safety precautions to be followed by the permittee prior to the commencement of activity.

G. Reporting of lost circulation zones. The permittee shall report to the director as soon as possible when an unanticipated void or groundwater horizon is encountered that results in lost circulation during drilling. The permittee shall take every necessary action to protect the lost circulation zone.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 2.5, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-535 Pressure testing requirements for production casing in conventional gas or oil wells

A. The operator shall install casing that can withstand the effects of tension and can prevent leaks, burst, and collapse during (i) the casing's installation and cementing and (ii) subsequent drilling and producing operations.

B. Except as provided in subsection C of this section, all casing must be a string of new pipe with an internal pressure rating that is at least 20% greater than the anticipated maximum pressure to which the casing will be exposed.

C. Used casing may be approved for use as surface, intermediate, or production casing but shall be pressure tested after cementing and before completion. A passing pressure test is holding the anticipated maximum pressure to which it will be exposed for 30 minutes with not more than a 10% decrease in pressure.

D. New or used plain end casing, except when being used as conductor pipe, that is welded together for use must meet the following requirements:

The casing must pass a pressure test by holding the anticipated maximum pressure to which the casing will be exposed for 30 minutes with not more than a 10% decrease in pressure. The operator shall notify the department electronically at least 24 hours before conducting the test. The test results shall be entered on the drilling report.
The casing shall be welded using at least three passes with the joint cleaned between each pass.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-540 (Repealed.)

Historical Notes

Derived from VR480-05-22.1 § 2.6, eff. September 25, 1991; repealed, Virginia Register 15, Issue 2, eff. November 11, 1998.

4VAC25-150-550 Applicability, coalbed methane wells

Part III of this chapter sets forth requirements unique to coalbed methane gas wells. Permittees must comply with the standards of general applicability in Part I of this chapter and with the standards for coalbed methane gas wells in this part.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.1, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-560 Application for a permit, coalbed methane well operations

In addition to the requirements of 4VAC25-150-80 or 4VAC25-150-110, every application for a permit or permit modification for a coalbed methane gas well shall contain:

An identification of the category of owner or operator, as listed in § 45.2-1632 A of the Code of Virginia, that each person notified of the application belongs to;
The signed consent required in § 45.2-1631 of the Code of Virginia;
Proof of conformance with any mine development plan in the vicinity of the proposed coalbed methane gas well, when the Virginia Gas and Oil Board has ordered such conformance;
The approximate depth to which the well is proposed to be drilled or deepened, or the actual depth if the well has been drilled;
The approximate depth and thickness, if applicable, of all known coal seams, known groundwater-bearing strata, and other known gas or oil strata between the surface and the depth to which the well is proposed to be drilled;
If casing or tubing is proposed to be or has been set, a description of the entire casing program, including the size of each string of pipe, the starting point and depth to which each string is to be or has been set, and the extent to which each string is to be or has been cemented together with any request for a variance under 4VAC25-150-580; and
The procedures to be followed to protect the safety of persons working in an underground coal mine for any coalbed methane well to be drilled within 200 feet of or into active workings. The permittee shall give notice of such drilling to the mine operator and the chief at least two working days prior to drilling.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.2, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Errata, 15:6 VA.R. 938 December 7, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-570 (Repealed.)

Historical Notes

Derived from VR480-05-22.1 § 3.3, eff. September 25, 1991; repealed, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-580 Variance request to convert a vertical ventilation hole to a coalbed methane gas well

A. An applicant may request a variance to the casing standards in 4VAC25-150-610 when the applicant desires to convert a vertical ventilation hole drilled prior to September 25, 1991, to a coalbed methane gas well. All other standards for coalbed methane gas wells shall be met. The variance request must be included in the request for a permit, and shall address the following subjects:

Method of wellbore completion, whether cased, open or cased/open hole;
Coal seams to be left uncased;
Mining activity currently being conducted within 750 feet of the location;
Depth of the water-protection string and information on how the casing was cemented; and
In the case of a coalbed methane gas well drilled through a coal seam from which the coal has been removed, the protection provided to prevent the escape of any gases into the mined out seam.

The production casing shall be tested to 300 psig surface pressure or the highest pressure anticipated to be placed on the casing, whichever is greater. If after 30 minutes, the pressure has dropped by 10% or more of the test pressure, corrective action shall be taken to ensure that the casing is so set and cemented that it will hold at least 90% of the test pressure for 30 minutes or more.

B. No variance to the casing standards in 4VAC25-150-610 shall be allowed for the conversion of any vertical ventilation hole drilled on or after September 25, 1991, to a coalbed methane gas well.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.4, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-590 Plats, coalbed methane wells

A. In addition to the requirements of 4VAC25-150-90, every plat for a coalbed methane gas well shall show:

Boundaries and acreage of any drilling unit established by the board around the subject well;
Boundaries and acreage of the tract on which the well is located or is to be located;
Boundaries and acreage of all other tracts within one-half of the distance specified in § 45.2-1616 of the Code of Virginia or within one-half of the distance to the nearest well completed in the same pool, whichever is less, or within the boundaries of a drilling unit established by the board around the subject well;
Surface owners on the tract to be drilled and on all other tracts within the unit where the surface of the earth is to be disturbed;
All gas, oil or royalty owners on any tract located within one-half of the distance specified in § 45.2-1616 of the Code of Virginia or within one-half of the distance to the nearest well completed in the same pool, whichever is less, or within the boundaries of a drilling unit established by the board around the subject well;
Coal owners and mineral owners on the tract to be drilled and on all other tracts located within 750 feet of the subject well location;
Coal operators who have registered operations plans with the department for activities located on the tract to be drilled, or who have applied for or obtained a coal mine license, coal surface mine permit or a coal exploration notice or permit from the department with respect to all tracts within 750 feet of a proposed gas or oil well; and
Any inhabited building, highway, railroad, stream, permitted surface mine or permitted mine opening within 500 feet of the proposed well.

B. The well plat shall locate the well and two permanent points or landmarks with reference to the mine coordinate system if one has been established for the area of the well location, and shall show all other wells within the scope of the plat.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.5, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-600 Setback restrictions, coalbed methane wells

No permit shall be issued for any well to be drilled closer than 200 feet from any inhabited building, unless site conditions as approved by the director warrant the permission of a lesser distance, and there exists a lease or agreement between the operator and the owner of the inhabited building. A copy of the lease or agreement shall accompany the application for a permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.6, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-610 Casing requirements for coalbed methane gas wells

A. Water protection string.

Except as provided in subdivision A 5 of this section, the permittee shall set a water-protection string set to a point at least 300 feet below the surface or 50 feet below the deepest known groundwater horizon, whichever is deeper, circulated and cemented to the surface. If cement does not return to the surface, every reasonable effort shall be made to fill the annular space by introducing cement from the surface.
The operator shall test or require the cementing company to test the cement mixing water for pH and temperature prior to mixing the cement and to record the results on the cementing ticket.
After the cement is placed, the operator shall wait a minimum of eight hours and allow the cement to achieve a calculated compressive strength of 500 psi before drilling, unless the director approves a shorter period of time. The wait-on-cement time shall be recorded within the records kept at the drilling rig while drilling is taking place.
When requested by the director, the operator shall submit copies of cement tickets or other documents that indicate the above specifications have been followed.
A coal-protection string may also serve as a water protection string only for gob wells.

B. Coal protection strings.

When any well penetrates coal seams that have not been mined out, the permittee shall, except as provided in subdivisions B 2 and B 3 of this section, set a coal-protection string. The coal-protection string shall exclude all fluids, oil, gas, and gas pressure, except that which is naturally present in each coal seam. The coal-protection string shall also exclude all injected material or disposed waste from the coal seams or the wellbore. The string of casing shall be set to a point at least 50 feet below the lowest coal seam, or as provided in subdivision B 3 of this section, and shall be circulated and cemented from that point to the surface, or to a point not less than 50 feet into the water-protection string or strings which are cemented to the surface.
For good cause shown, either before or after the permit is issued, when the procedure specified in subdivision B 1 of this section is demonstrated by the permittee as not practical, the director may approve a casing program involving:

a. The cementing of a coal-protection string in multiple stages;

b. The cementing of two or more coal-protection strings; or

c. The use of other alternative casing procedures.

The director may approve the program, provided he is satisfied that the result will be operationally equivalent to compliance with the provisions of subdivision B 1 of this section for the purpose of permitting the subsequent safe mining through the well or otherwise protecting the coal seams as required by this section. In the use of multiple coal-protection strings, each string below the topmost string shall be cemented at least 50 feet into the next higher string or strings that are cemented to the surface and be verified by a cement top log.
Depth of coal-protection strings.

a. A coal-protection string shall be set to the top of the red shales in any area underlain by them unless, on a showing by the permittee in the permit application, the director has approved the casing point of the coal-protection string at some depth less than the top of the red shales. In such event, the permittee shall conduct a gamma-ray/density log survey on an expanded scale to verify whether the well penetrates any coal seam in the uncased interval between the bottom of the coal-protection string as approved and the top of the red shales.

c. The gamma-ray/density log survey shall be filed with the director at the same time the driller's log is filed under 4VAC25-150-360.

d. When the director believes, after reviewing documentation submitted by the permittee, that the total drilling in any particular area has verified the deepest coal seam higher than the red shales, so that further gamma-ray/density logs on an expanded scale are superfluous for the area, he may waive the constructing of a coal-protection string or the conducting of such surveys deeper than 100 feet below the verified depth of the deepest coal seam.

C. Coal-protection strings of wells drilled prior to July 1, 1982. In the case of wells drilled prior to July 1, 1982, through coal seams without coal-protection strings as prescribed in subsection B of this section, the permittee shall retain such coal-protection strings as were set. During the life of the well, the permittee shall, consistent with a plan approved by the director, keep the annular spaces between the various strings of casing adjacent to coal seams open to the extent possible, and the top ends of all such strings shall be provided with casing heads, or such other approved devices as will permit the free passage of gas or oil and prevent filling of the annular spaces with dirt or debris.

E. Casing through voids.

When a well is drilled through a void, the hole shall be drilled at least 30 feet below the void. The annular space shall be cemented from the base of the casing up to the void, and every reasonable attempt shall be made to fill up the annular space from the top of the void to the surface; or it shall be cemented at least 50 feet into the next higher string or strings of casing that are cemented to the surface, and shall be verified by a cement top log.
For good cause shown, the director may approve alternate casing procedures proposed by the permittee, provided that the director is satisfied that the alternative casing procedures are operationally equivalent to the requirements imposed by subdivision E 1 of this section.
For good cause shown, the director may impose special requirements on the permittee to prevent communication between two or more voids.

G. Production casing.

Unless otherwise granted in a variance from the director:

a. For coalbed methane gas wells with cased completions and cased/open hole completions, production casing shall be set and cemented from the bottom of the casing to the surface or to a point not less than 50 feet into the lowest coal-protection or water-protection string or strings which are cemented to the surface.

b. For coalbed methane gas wells with open hole completions, the base of the casing shall be set to not more than 100 feet above the uppermost coalbed which is to be completed open hole. The casing shall be cemented from the bottom of the casing to the surface or to a point not less than 50 feet into the lowest coal-protection or water-protection string or strings which are cemented to the surface.

A coal-protection string may also serve as production casing.

H. Reporting of lost circulation zones. The permittee shall report to the director as soon as possible when an unanticipated void or groundwater horizon is encountered that results in lost circulation during drilling. The permittee shall take every necessary action to protect the lost circulation zone.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.7, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Errata, 15:6 VA.R. 938 December 7, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-615 Pressure testing requirements for production casing in coalbed methane gas wells

D. New or used plain end casing, except when being used as conductor pipe, that is welded together for use must meet the following requirements:

The casing must pass a pressure test by holding the anticipated maximum pressure to which the casing will be exposed for 30 minutes with not more than a 10% decrease in pressure. The operator shall notify the department electronically at least 24 hours before conducting the test. The test results shall be entered on the drilling report.
The casing shall be welded using at least three passes with the joint cleaned between each pass.

E. The provisions of this section shall not apply to gob wells.

History

Statutory Authority: §§ 45.1-161.3, 45.1-361.4, and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 33, Issue 7, eff. December 28, 2016.

4VAC25-150-620 Coalbed methane gas wellhead equipment

Wellhead equipment and facilities installed on any gob well or on any coalbed methane gas well subject to the requirements of §§ 45.2-707 and 45.2-939 of the Code of Virginia addressing mining near or through a well shall include a safety precaution plan submitted to the director for approval. Such plans shall include, but shall not be limited to, flame arrestors, back-pressure systems, pressure-relief systems, vent systems and fire-fighting equipment. The director may require additional safety precautions or equipment to be installed on a case-by-case basis.

History

Statutory Authority: § 45.2-103 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.8, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013; Volume 38, Issue 13, eff. March 31, 2022.

4VAC25-150-630 Report of produced waters, coalbed methane wells

All coalbed methane gas well operators are required to submit monthly reports of total produced waters withdrawn from coalbed methane gas wells, in barrels, on a well-by-well basis, with the monthly report submitted under 4VAC25-150-210 of this chapter. The report shall show monthly produced water withdrawals and cumulative produced water withdrawals. Such reports shall be available for inspection upon request and maintained electronically or by hard copy until the well is abandoned and reclaimed.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.9, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-640 (Repealed.)

Historical Notes

Derived from VR480-05-22.1 § 3.10, eff. September 25, 1991; repealed, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-650 Conversion of a coalbed methane well to a vertical ventilation hole

A permittee wishing to convert a coalbed methane gas well to a vertical ventilation hole shall first obtain approval from the Chief of the Division of Mines and submit a written request to the division for a permit release. The director shall consult with the chief, or his designated agent, before approving permit release.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 3.11, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-660 Applicability, ground-disturbing geophysical activity

Part IV (4VAC25-150-660 et seq.) of this chapter sets forth requirements unique to ground-disturbing geophysical exploration.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 4.1, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-670 Application for a permit, geophysical activity or coreholes

A. In accordance with 4VAC25-150-80 and 4VAC25-150-110, a permit shall be required for ground-disturbing geophysical exploration.

B. In addition to the requirements of 4VAC25-150-80 or 4VAC25-150-110, every application for a corehole permit or permit modification under this part shall contain:

The approximate depth to which the corehole is proposed to be drilled or deepened, or the actual depth if the corehole has been drilled;
The approximate depth and thickness, if applicable, of all known coal seams, known groundwater-bearing strata, and other known gas or oil strata between the surface and the depth to which the corehole is proposed to be drilled;
If casing is proposed to be set, the entire casing program, including the diameter of each string of casing, the starting point and depth to which each string is to be set, whether or not the casing is to remain in the hole after the completion of drilling, and the extent to which each string is to be cemented, if applicable;
A plan which shows the proposed manner of plugging or replugging the corehole; and
The procedures to be followed to protect the safety of persons working in an underground coal mine for any corehole to be drilled within 200 feet of or into active workings. The permittee shall give notice of such drilling to the mine operator and the chief at least two working days prior to drilling.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 4.2, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-680 Plats, coreholes

A. In addition to the requirements of 4VAC25-150-90, every plat for a corehole shall show:

The boundaries of the tract on which the corehole is located or is to be located;
Surface owners on the tract to be drilled and surface owners on the tracts where the surface is to be disturbed;
Coal owners and mineral owners on the tract to be drilled;
Coal operators who have registered operations plans with the department for activities located on the tract to be drilled; and
Any inhabited building, highway, railroad, stream, permitted surface mine or permitted mine opening within 500 feet of the proposed corehole.

B. If the corehole location is underlain by known coal seams, the plat shall locate the corehole and two permanent points or landmarks with reference to the mine coordinate system if one has been established for the area of the corehole location, and shall in any event show all other wells within the scope of the plat.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 4.3, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-690 Operations plans, coreholes.

In addition to the requirements of 4VAC25-150-100, every operations plan for a corehole shall describe the measures to be followed to protect water quality during the drilling, and the measures to be followed to protect any voids encountered during drilling.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 4.4, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Errata, 15:6 VA.R. 938 December 7, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-700 Setback restrictions, coreholes

No permit shall be issued for any corehole to be drilled closer than 200 feet from an inhabited building, unless site conditions as approved by the director warrant the permission of a lesser distance, and there exists a lease or agreement between the operator and the owner of the inhabited building. A copy of the lease or agreement shall accompany the application for a permit.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 4.5, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-710 (Repealed.)

Historical Notes

Derived from VR480-05-22.1 § 4.6, eff. September 25, 1991; repealed, Virginia Register Volume 15, Issue 2, eff. November 11, 1998.

4VAC25-150-711 Voids and lost circulation zones

A. Casing through voids.

When a corehole is drilled through a void, the hole shall be drilled at least 30 feet below the void. The annular space shall be cemented from the base of the casing up to the void and every reasonable attempt shall be made to fill the annular space from the top of the void to the surface; or it shall be cemented at least 50 feet into the next higher string or strings of casing that are cemented to the surface and be verified by a cement top log.
For good cause shown, the director may approve alternate casing procedures proposed by the permittee, provided that the director is satisfied that the alternative casing procedures are operationally equivalent to the requirements imposed by this section.
For good cause shown, the director may impose special requirements on the permittee to prevent communication between two or more voids.

B. Reporting of lost circulation zones. The permittee shall report to the director as soon as possible when an unanticipated void or groundwater horizon is encountered that results in lost circulation during drilling. The permittee shall take every necessary action to protect the lost circulation zone.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 15, Issue 2, eff. November 11, 1998; amended, Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-720 Applicability; gathering pipelines

A. Part V (4VAC25-150-720 et seq.) of this chapter sets forth requirements unique to gathering pipelines. Permittees must comply with the standards for gathering pipelines in this part and the following standards in Part I:

All of Article 1, "General Information"; except 4VAC25-150-50, "Gas or oil in holes not permitted as a gas or oil well";
All of Article 2, "Permitting"; except 4VAC25-150-90, "Plats";
All of the sections in Article 3, "Enforcement";
4VAC25-150-220, "Annual reports," of Article 4, "Reporting";
4VAC25-150-230, 4VAC25-150-240, 4VAC25-150-250, 4VAC25-150-260, 4VAC25-150-270, 4VAC25-150-310, 4VAC25-150-350, 4VAC25-150-380, 4VAC25-150-410, 4VAC25-150-420, and 4VAC25-150-430 of Article 5, "Technical Standards"; and
4VAC25-150-470, "Release of bond," of Article 6, "Plugging and Abandonment."

B. A permit shall be required for installation and operation of every gathering pipeline and associated structures for the movement of gas or oil production from the wellhead to a previously permitted gathering line, a transmission or other line regulated by the United States Department of Transportation or the State Corporation Commission, to the first point of sale, or for oil, to a temporary storage facility for future transportation by a method other than a gathering pipeline.

C. Each gathering pipeline or gathering pipeline system may be permitted separately from gas or oil wells or may be included in the permit for the well being served by the pipeline.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 5.1, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-730 General requirements for gathering pipelines

A. Gathering pipelines shall be installed to be compatible with other uses of the area.

B. No permit shall be issued for a gathering pipeline to be installed closer than 100 feet from any inhabited building or railway, unless site conditions as approved by the director warrant the use of a lesser distance and there exists a lease or agreement between the operator and the owner of the inhabited building or railway. A copy of the lease or agreement shall accompany the application for a permit.

C. Materials used in gathering pipelines shall be able to withstand anticipated conditions. At a minimum this shall include:

All plastic gathering pipeline connections shall be fused, not coupled.
All buried gathering pipelines shall be detectable by magnetic or other remote means from the surface.

D. All new gathering pipelines shall be tested to maintain a minimum of 110% of anticipated pressure prior to being placed into service.

E. All gathering pipelines shall be maintained in good operating condition at all times.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 5.2, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-740 Operations plans for gathering pipelines

A. For a gathering pipeline, the operations plan shall be in a format approved by, or on a form prescribed by, the director.

B. On a form prescribed by the director, the operator shall indicate how risks to the public safety or to the site and adjacent lands are to be managed, and shall provide a short narrative, if pertinent.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 5.3, eff. September 25, 1991; amended, Virginia Register Volume 15, Issue 2, eff. November 11, 1998; Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

4VAC25-150-750 Inspections for gathering pipelines

Gathering pipelines shall be visually inspected annually by the permittee. The results of each annual inspection shall be maintained by the permittee for a minimum of three years and be submitted to the director upon request.

History

Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.
Historical Notes: Derived from VR480-05-22.1 § 5.4, eff. September 25, 1991; amended, Virginia Register Volume 29, Issue 3, eff. November 8, 2012; Volume 30, Issue 1, eff. October 10, 2013.

Agency 50 Virginia Soil And Water Conservation Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

4VAC50-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Virginia Soil and Water Conservation Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Soil and Water Conservation Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part II Notification of Interested Persons

4VAC50-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC50-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Part III Public Participation Procedures

4VAC50-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

4VAC50-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 10.1-502 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 29, 2008.

Chapter 20 Impounding Structure Regulations

Part I General

4VAC50-20-10 Authority

This chapter is promulgated by the Virginia Soil and Water Conservation Board in accordance with the provisions of the Dam Safety Act, Article 2, Chapter 6, Title 10.1 (§ 10.1-604 et seq.), of the Code of Virginia.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 1.1, eff. February 1, 1989.

4VAC50-20-20 General provisions

A. This chapter provides for the proper and safe design, construction, operation and maintenance of impounding structures to protect public safety. This chapter shall not be construed or interpreted to relieve the owner or operator of any impoundment or impounding structure of any legal duties, obligations or liabilities incident to ownership, design, construction, operation or maintenance.

B. Approval by the board of proposals for an impounding structure shall in no manner be construed or interpreted as approval to capture or store waters. For information concerning approval to capture or store waters, see Chapter 8 (§ 62.1-107) of Title 62.1 of the Code of Virginia, and other provisions of law as may be applicable.

C. In promulgating this chapter, the board recognizes that no impounding structure can ever be completely "fail-safe," because of incomplete understanding of or uncertainties associated with natural (earthquakes and floods) and manmade (sabotage) destructive forces; with material behavior and response to those forces; and with quality control during construction.

D. All engineering analyses required by this chapter, including but not limited to, plans, specifications, hydrology, hydraulics and inspections shall be conducted or overseen by and bear the seal of a professional engineer licensed to practice in Virginia.

E. Design, inspection and maintenance of impounding structures shall be conducted utilizing competent, experienced, engineering judgment that takes into consideration factors including but not limited to local topography and meteorological conditions.

F. The owner shall ensure all information required to be submitted under this chapter be provided to the department via the electronic Dam Safety System (DSIS), unless prior approval for an alternative method of submission is granted by the department.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 1.2, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 37, Issue 15, eff. May 1, 2021.

4VAC50-20-30 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acre-foot" means a unit of volume equal to 43,560 cubic feet or 325,853 gallons (equivalent to one foot of depth over one acre of area).

"Agricultural purpose" means the production of an agricultural commodity as defined in § 3.2-3900 of the Code of Virginia that requires the use of impounded waters.

"Agricultural purpose dams" means impounding structures that are less than 25 feet in height or that create a maximum impoundment smaller than 100 acre-feet, and operated primarily for agricultural purposes.

"Alteration" means changes to an impounding structure that could alter or affect its structural integrity. Alterations include changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary structural repairs or structural maintenance, or removing the impounding structure. Structural maintenance does not include routine maintenance.

"Alteration permit" means a permit required for any alteration to an impounding structure.

"Annual average daily traffic" or "AADT" means the total volume of vehicle traffic of a highway or road for a year divided by 365 days and is a measure used in transportation planning and transportation engineering of how busy a road is.

"Board" means the Virginia Soil and Water Conservation Board.

"Conditional general permit" means the permit established pursuant to § 10.1-605.3 of the Code of Virginia that is required for the operation and maintenance of a low hazard potential impounding structure with deficiencies.

"Conditional Operation and Maintenance Certificate" means a certificate required for high or significant hazard potential impounding structures with deficiencies.

"Construction" means the construction of a new impounding structure.

"Construction Permit" means a permit required for the construction of a new impounding structure.

"Dam break inundation zone" means the area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.

"Dam Safety Act" means Article 2 (§ 10.1-604 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia.

"Department" means the Virginia Department of Conservation and Recreation.

"Design flood" means the calculated volume of runoff and the resulting peak discharge utilized in the evaluation, design, construction, operation, and maintenance of the impounding structure.

"Director" means the Director of the Department of Conservation and Recreation or the director's designee.

"Drill" means a type of emergency action plan exercise that tests, develops, or maintains skills in an emergency response procedure. During a drill, participants perform an in-house exercise to verify telephone numbers and other means of communication along with the owner's response. A drill is considered a necessary part of ongoing training.

"Emergency Action Plan" or "EAP" means a formal document that recognizes potential impounding structure emergency conditions and specifies preplanned actions to be followed to minimize loss of life and property damage. The EAP specifies actions the owner must take to minimize or alleviate emergency conditions at the impounding structure. It contains procedures and information to assist the owner in issuing early warning and notification messages to responsible emergency management authorities. It also contains the results of inundation analyses conducted pursuant to 4VAC50-20-54.

"Emergency Action Plan Exercise" means an activity designed to promote emergency preparedness; test or evaluate EAPs, procedures, or facilities; train personnel in emergency management duties; and demonstrate operational capability. In response to a simulated event, exercises should consist of the performance of duties, tasks, or operations very similar to the way they would be performed in a real emergency. An exercise may include drills and tabletop exercises.

"Emergency Preparedness Plan" means a formal document prepared for low hazard impounding structures that provides procedures for notifying owners of downstream property that may be impacted by an emergency situation at an impounding structure.

"Existing impounding structure" means any impounding structure in existence or under a Construction Permit prior to July 1, 2010.

"Freeboard" means the vertical distance between the maximum water surface elevation associated with the spillway design flood and the top of the impounding structure.

"General permit" means the permit established pursuant to § 10.1-605.3 of the Code of Virginia that is required for the operation and maintenance of a low hazard potential impounding structure.

"Height" means the hydraulic height of an impounding structure. If the impounding structure spans a stream or watercourse, height means the vertical distance from the natural bed of the stream or watercourse measured at the downstream toe of the impounding structure to the top of the impounding structure. If the impounding structure does not span a stream or watercourse, height means the vertical distance from the lowest elevation of the downstream limit of the barrier to the top of the impounding structure.

"Impounding structure" or "dam" means a man-made structure, whether a dam across a watercourse or structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes (i) all dams that are 25 feet or greater in height and that create an impoundment capacity of 15 acre-feet or greater and (ii) all dams that are six feet or greater in height and that create an impoundment capacity of 50 acre-feet or greater. The term "impounding structure" does not include (a) dams licensed by the State Corporation Commission that are subject to a safety inspection program; (b) dams owned or licensed by the United States government; (c) dams operated primarily for agricultural purposes that are less than 25 feet in height or that create a maximum impoundment capacity smaller than 100 acre-feet; (d) water or silt retaining dams approved pursuant to § 45.2-618 or 45.2-1301 of the Code of Virginia; or (e) obstructions in a canal used to raise or lower water.

"Impoundment" means a body of water or other materials the storage of which is caused by any impounding structure.

"Life of the impounding structure" and "life of the project" mean that period of time for which the impounding structure is designed and planned to perform effectively, including the time required to remove the structure when it is no longer capable of functioning as planned and designed.

"Maximum impounding capacity" means the volume of water or other materials in acre-feet that is capable of being impounded at the top of the impounding structure.

"New construction" means any impounding structure issued a construction permit or otherwise constructed on or after July 1, 2010.

"Normal or typical water surface elevation" means the water surface elevation at the crest of the lowest ungated outlet from the impoundment or the elevation of the normal pool of the impoundment if different than the water surface elevation at the crest of the lowest ungated outlet. For calculating sunny day failures for flood control impounding structures, stormwater detention impounding structures, and related facilities designed to hold back volumes of water for slow release, the normal or typical water surface elevation shall be measured at the crest of the auxiliary or emergency spillway.

"Owner" means the owner of the land on which an impounding structure is situated, the holder of an easement permitting the construction of an impounding structure, and any person or entity agreeing to maintain an impounding structure. The term "owner" may include the Commonwealth or any of its political subdivisions, including sanitation district commissions and authorities, any public or private institutions, corporations, associations, firms or companies organized or existing under the laws of this Commonwealth or any other state or country, as well as any person or group of persons acting individually or as a group.

"Planned land use" means land use that has been approved by a locality or included in a master land use plan by a locality, such as in a locality's comprehensive land use plan.

"Regular Operation and Maintenance Certificate" means a certificate required for the operation and maintenance of high hazard potential or significant hazard potential impounding structures.

"Routine maintenance" means activities regularly performed to prevent deterioration of the dam and its structures. These activities include mowing, removal of immature woody vegetation such as saplings and bushes, reseeding grass patches that have minor erosion, and conducting minor repairs of concrete structures.

"Spillway" means a structure to provide for the controlled release of flows from the impounding structure into a downstream area.

"Stage I Condition" means a flood watch or heavy continuous rain or excessive flow of water from ice or snow melt.

"Stage II Condition" means a flood watch or emergency spillway activation or impounding structure overtopping where a failure may be possible.

"Stage III Condition" means an emergency spillway activation or impounding structure overtopping where imminent failure is probable.

"Sunny day dam failure" means the failure of an impounding structure with the initial water level at the normal reservoir level, usually at the lowest ungated principal spillway elevation or the typical operating water level.

"Tabletop exercise" means a type of emergency action plan exercise that involves a meeting of the impounding structure owner and the state and local emergency management officials in a conference room environment. The format is usually informal with minimum stress involved. The exercise begins with the description of a simulated event and proceeds with discussions by the participants to evaluate the EAP and response procedures and to resolve concerns regarding coordination and responsibilities.

"Top of the impounding structure" means the lowest point of the nonoverflow section of the impounding structure.

"Watercourse" means a natural channel having a well-defined bed and banks and in which water normally flows.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 1.3, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008; Volume 27, Issue 6, eff. December 22, 2010; Volume 29, Issue 2, eff. November 8, 2012; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-40 Hazard potential classifications of impounding structures

A. Impounding structures shall be classified in one of three hazard classifications as defined in subsection B of this section and Table 1 of 4VAC50-20-50.

B. For the purpose of this chapter, hazards pertain to potential loss of human life or damage to the property of others downstream from the impounding structure in event of failure or faulty operation of the impounding structure or appurtenant facilities. Hazard potential classifications of impounding structures are as follows:

High hazard potential is defined where an impounding structure failure will cause probable loss of life or serious economic damage. "Probable loss of life" means that impacts will occur that are likely to cause a loss of human life, including impacts to residences, businesses, other occupied structures, or major roadways. Economic damage may occur to, but not be limited to, buildings, industrial or commercial facilities, public utilities, major roadways, railroads, personal property, and agricultural interests. "Major roadways" include interstates, primary highways, high-volume urban streets, or other high-volume roadways, except those having an AADT volume of 400 vehicles or less in accordance with 4VAC50-20-45.
Significant hazard potential is defined where an impounding structure failure may cause the loss of life or appreciable economic damage. "May cause loss of life" means that impacts will occur that could cause a loss of human life, including impacts to facilities that are frequently utilized by humans other than residences, businesses, or other occupied structures, or to secondary roadways. Economic damage may occur to, but not be limited to, buildings, industrial or commercial facilities, public utilities, secondary roadways, railroads, personal property, and agricultural interests. "Secondary roadways" include secondary highways, low-volume urban streets, service roads, or other low-volume roadways, except those having an AADT volume of 400 vehicles or less in accordance with 4VAC50-20-45.
Low hazard potential is defined where an impounding structure failure would result in no expected loss of life and would cause no more than minimal economic damage. "No expected loss of life" means no loss of human life is anticipated.

C. To support the appropriate hazard potential classification, dam break analysis shall be conducted by the owner's engineer or the department in accordance with one of the following alternatives and utilizing procedures set out in 4VAC50-20-54.

The owner of an impounding structure that does not currently hold a regular or conditional certificate or a conditional general permit or general permit from the board, or the owner of an impounding structure that is already under certificate or general permit who believes that a condition has changed downstream of the impounding structure that may reduce its hazard potential classification, may request in writing that the department conduct a simplified dam break inundation zone analysis to determine whether the impounding structure has a low hazard potential classification. The owner shall pay a fee to the department in accordance with 4VAC50-20-395 for conducting each requested analysis. The department shall address requests in the order received and shall strive to complete analysis within 90 days; or
The owner may propose a hazard potential classification that shall be subject to approval by the board. To support the proposed hazard potential classification, an analysis shall be conducted by the owner's engineer and submitted to the department. The hazard potential classification shall be certified by the owner.

D. Findings of the analysis conducted pursuant to subsection C of this section shall result in one of the following actions:

For findings by the department resulting from analyses conducted in accordance with subdivision C 1 of this section:

a. If the department finds that the impounding structure appears to have a low hazard potential classification, the owner is eligible for general permit coverage in accordance with 4VAC50-20-503.

b. If the department finds that the impounding structure appears to have a high hazard potential or significant hazard potential classification, the owner's engineer shall provide further analysis in accordance with the procedures set out in 4VAC50-20-54 and this chapter. The owner may be eligible for grant assistance from the Dam Safety, Flood Prevention, and Protection Assistance Fund in accordance with Article 1.2 (§ 10.1-603.16 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia.

For findings by the owner's engineer resulting from analyses conducted in accordance with subdivision C 2 of this section:

a. If the engineer finds that the impounding structure has a low hazard potential classification, the owner is eligible for general permit coverage in accordance with 4VAC50-20-503; or

b. If the engineer finds that the impounding structure appears to have a high hazard potential or significant hazard potential classification, then the owner shall comply with the applicable certification requirements set out in this chapter.

E. An incremental damage analysis in accordance with 4VAC50-20-52 may be utilized as part of a hazard potential classification by the owner's engineer.

F. Impounding structures shall be subject to reclassification by the board as necessary.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 1.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 29, Issue 2, eff. November 8, 2012; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-45 Hazard potential classifications based on low volume roadways.

A. All impacted public and private roadways downstream or across an impounding structure shall be considered in determining hazard potential classification. To determine whether a road is impacted by a dam failure, one of the following methodologies shall be utilized:

Section IV, Part D of the United States Department of Interior, Bureau of Reclamation's ACER Technical Memorandum No. 11, 1988;
An approach to determining impacts to roadways found in any document that is on the list of acceptable references set out in 4VAC50-20-320. The owner's engineer shall reference the methodology utilized in their submittal to the department; or
An approach to determine any roadway that would be overtopped, at any depth, by a dam failure under any flood or nonflood condition, including but not limited to probable maximum flood, spillway design flood, or flood from sunny day dam failure, as determined using analysis procedures set out in 4VAC50-20-54.

In all cases, an owner may use an incremental damage analysis conducted in accordance with 4VAC50-20-52 to further refine what roads should be considered impacted.

B. In certain cases, an impounding structure may qualify for a low hazard potential classification in spite of a potential impact to a downstream public or private roadway. If a roadway is found to be impacted in accordance with subsection A of this section, and other factors such as downstream residences, businesses, or other concerns as set forth in this chapter that would raise the hazard potential classification do not exist, such classification may be adjusted in accordance with this section dependent on vehicle traffic volume, based on AADT.

C. For the purposes of determining AADT volume, one of the following techniques may be utilized using data obtained within the last year except as otherwise set out in subdivision 1 of this subsection:

The AADT volumes available in the most recent published Daily Traffic Volume Estimates from the Virginia Department of Transportation (VDOT) for the road segment nearest the impounding structure may be utilized. This information is available from VDOT at http://www.virginiadot.org/info/ct-TrafficCounts.asp;
Data developed by a local government may be utilized where the locality conducts its own traffic counts;
Where AADT volumes are not available from VDOT or a locality, an Average Daily Traffic trip rate that meets the standards set forth in the Institute for Traffic Engineers (ITE) Trip Generation information report, 8th Edition, 2008 (available for ordering online at http://www.ite.org/emodules/scriptcontent/orders/ProductDetail.cfm?pc=IR-016F) may be utilized if practicable; or
In all cases, average daily traffic volumes may also be established by a traffic count that meets VDOT standards and is conducted or overseen by the owner's engineer or otherwise approved by the department's regional engineer.

D. Where it can be demonstrated that a public or private roadway has limited usage and that the hazard potential classification is being determined based solely upon impacts to roadways, the roadway may be considered to be "limited use" and the impounding structure may be considered a low hazard potential impounding structure despite the presence of the roadway. Such roadways, located either across or below an impounding structure, are those that result in an AADT volume of 400 vehicles or less.

Where a downstream analysis finds that multiple limited use roadways may be impacted by an impounding structure failure, the traffic volumes of those limited use roadways, determined in accordance with subsection B of this section, shall be combined for the purposes of determining the impounding structure's hazard potential classification unless it can be demonstrated that the traffic using each of the roadways is composed of substantially the same vehicle trips, such that the combined number of individual vehicle trips utilizing all of the roadways would result in an AADT of 400 or less.

E. Although a roadway may be considered to have a "limited use" in accordance with subsection D of this section, the Emergency Preparedness Plan for the low hazard impounding structure shall clearly outline a reliable and timely approach for notification of the proper local emergency services by the dam owner regarding the hazards of continued use of the road during an emergency condition.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-50 Performance standards required for impounding structures

A. In accordance with the definitions provided by § 10.1-604 of the Code of Virginia and 4VAC50-20-30, an impounding structure shall be regulated if the impounding structure is 25 feet or greater in height and creates a maximum impounding capacity of 15 acre-feet or greater, or the impounding structure is six feet or greater in height and creates a maximum impounding capacity of 50 acre-feet or greater and is not otherwise exempt from regulation by the Code of Virginia. Impounding structures exempted from this chapter are those that are:

Licensed by the State Corporation Commission that are subject to a safety inspection program;
Owned or licensed by the United States government;
Operated primarily for agricultural purposes that are less than 25 feet in height or that create a maximum impoundment capacity smaller than 100 acre-feet;
Water or silt-retaining dams approved pursuant to § 45.1-222 or 45.1-225.1 of the Code of Virginia; or
Obstructions in a canal used to raise or lower water.

Impounding structures of regulated size and not exempted shall be constructed, operated and maintained such that they perform in accordance with their design and purpose throughout the life of the project. For impounding structures, the spillway capacity shall perform at a minimum to safely pass the appropriate spillway design flood as determined in Table 1. For the purposes of utilizing Table 1, Hazard Potential Classification shall be determined in accordance with 4VAC50-20-40.

| TABLE 1 Impounding Structure Regulations | | | | | --- | --- | --- | --- | | Applicable to all impounding structures that are 25 feet or greater in height and that create a maximum impounding capacity of 15 acre-feet or greater, and to all impounding structures that are six feet or greater in height and that create a maximum impounding capacity of 50 acre-feet or greater and is not otherwise exempt from regulation by the Code of Virginia. | | | | | Hazard Potential Class of Dam | Spillway Design Flood (SDF)^Bfor New Construction^F | Spillway Design Flood (SDF)^B for Existing Impounding Structures^{F, G} | Minimum Threshold for Incremental Damage Analysis | | High | PMF^C | 0.9 PMP^H | 100-YR^D | | Significant | .50 PMF | .50 PMF | 100-YR^D | | Low | 100-YR^D | 100-YR^D | 50-YR^E |

B. The spillway design flood (SDF) represents the largest flood that need be considered in the evaluation of the performance for a given project. The impounding structure shall perform so as to safely pass the appropriate SDF. Reductions in the established SDF may be evaluated through the use of incremental damage analysis pursuant to 4VAC50-20-52. The SDF established for an impounding structure shall not be less than those standards established elsewhere by state law or regulations, including but not limited to the Virginia Stormwater Management Program (VSMP) Regulation (9VAC25-870). Due to potential for future development in the dam break inundation zone that would necessitate higher spillway design flood standards or other considerations, owners may find it advisable to consider a higher spillway design flood standard than is required.

C. PMF: Probable Maximum Flood is the flood that might be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region. The PMF shall be calculated from the probable maximum precipitation (PMP) derived from the Probable Maximum Precipitation Study for Virginia (and associated PMP Evaluation Tool and Database) (November 2015). The owner's engineer must develop PMF hydrographs for 6-, 12-, and 24-hour durations. The hydrograph that creates the largest peak outflow is to be used to determine capacity for nonfailure and failure analysis. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

D. 100-Yr: 100-year flood represents the flood magnitude expected to be equaled or exceeded on the average of once in 100 years. It may also be expressed as an exceedance probability with a 1.0% chance of being equaled or exceeded in any given year. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

E. 50-Yr: 50-year flood represents the flood magnitude expected to be equaled or exceeded on the average of once in 50 years. It may also be expressed as an exceedance probability with a 2.0% chance of being equaled or exceeded in any given year. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area.

F. For the purposes of Table 1 "Existing impounding structure" and "New construction" are defined in 4VAC50-20-30.

G. An existing impounding structure as defined in 4VAC50-20-30, that is currently classified as high hazard, or is subsequently found to be high hazard through reclassification, shall only be required to pass the flood resulting from 0.6 PMP instead of the flood resulting from the 0.9 PMP SDF if the dam owner meets the requirements set out in 4VAC50-20-53.

H. PMP: Probable maximum precipitation means the theoretically greatest depth of precipitation for a given duration that is meteorologically possible over a given size storm area at a particular geographical location at a particular time of year with no allowance made for future long-term climatic trends. In practice, this is derived by storm transposition and moisture adjustment to observed storm patterns. In Virginia, the 0.9 PMP is meant to characterize the maximum recorded rainfall event within the Commonwealth.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 1.5, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008; Errata, 25:3 VA.R. 542 October 13, 2008; amended, Virginia Register Volume 27, Issue 6, eff. December 22, 2010; Volume 32, Issue 13, eff. March 23, 2016.

4VAC50-20-51 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-52 Incremental damage analysis

A. The proposed potential hazard classification for an impounding structure may be lowered based on the results of an incremental damage analysis utilizing one of the following methodologies:

Section III of the United States Department of Interior, Bureau of Reclamation's ACER Technical Memorandum No. 11, 1988. An impact shall be deemed to occur where there are one or more lives in jeopardy as a result of a dam failure; or
An approach to determining hazard classification found in any document that is on the list of acceptable references set out in 4VAC50-20-320. The owner's engineer shall reference the methodology utilized in the submittal to the department.

B. The proposed spillway design flood for the impounding structure may be lowered based on the results of an incremental damage analysis. Once the owner's engineer has determined the required spillway design flood through application of Table 1, further analysis may be performed to evaluate the limiting flood condition for incremental damages. Site-specific conditions should be recognized and considered. In no situation shall the allowable reduced level be less than the level at which the incremental increase in water surface elevation downstream due to failure of an impounding structure is no longer considered to present an additional downstream threat. This engineering analysis will need to present water surface elevations at each structure that may be impacted downstream of the dam. An additional downstream threat to persons or property is presumed to exist when water depths exceed two feet or when the product of water depth (in feet) and flow velocity (in feet per second) is greater than seven.

The spillway design flood shall also not be reduced below the minimum threshold values as determined by Table 1.

C. The proposed potential hazard classification for the impounding structure and the required spillway design flood shall be subject to reclassification by the board as necessary to reflect the incremental damage assessment, changed conditions at the impounding structure, and changed conditions in the dam break inundation zone.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-53 Special criteria for reduced SDF requirement for certain high hazard dams

A. An existing impounding structure that is currently classified as high hazard, or is subsequently found to be high hazard through reclassification, shall be allowed to pass the flood resulting from 0.6 PMP instead of the flood resulting from 0.9 PMP SDF if the dam owner certifies annually that such impounding structure meets each of the following conditions:

The owner has a current emergency action plan that is approved by the board and that is developed and updated in accordance with 4VAC50-20-175;
The owner has exercised the emergency action plan in accordance with 4VAC50-20-175 and conducts a table-top exercise at least once every two years;
The department has verification that both the local emergency management coordinator and the Virginia Department of Emergency Management have on file current emergency action plans and updates for the impounding structure;
The conditions at the impounding structure are monitored on a daily basis and as dictated by the emergency action plan;
The impounding structure is inspected at least annually by a professional engineer and all observed deficiencies are addressed within 120 days of such inspection. Such inspection reports shall be completed in accordance with 4VAC50-20-105 E and be submitted to the department with the owner's certification;
The owner has a dam break inundation zone map developed in accordance with the regulations that is acceptable to the department or has provided the limits of the dam break inundation zone in an acceptable electronic format in accordance with 4VAC50-20-54;
The owner is insured in an amount that will substantially cover the costs of downstream property losses to others that may result from a dam failure; and
The owner has the impounding structure's emergency action plan posted on his website, or upon the request of the owner, the department or another state agency responsible for providing emergency management services to citizens agrees to post the plan on its website. If the department or another state agency agrees to post the plan on its website, the owner shall provide the plan in a format suitable for posting.

A dam owner who meets the conditions of subdivisions 1 through 8 of this subsection, but has not provided record drawings to the department for his impounding structure, shall submit a complete record report developed in accordance with 4VAC50-20-70 J, excluding the required submittal of the record drawings.

B. The dam owner must retain documents for a six-year period that supports the certification of the elements set out in subsection A.

History

Statutory Authority: §10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 6, eff. December 22, 2010; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-54 Dam break inundation zone analysis

A. Dam break inundation zone maps or an acceptable electronic format of the limits of the dam break inundation zone and analyses shall be provided to the department, except as provided for in 4VAC50-20-501, to meet the requirements set out in 4VAC50-20-40 and 4VAC50-20-175, as applicable. In accordance with subsection G of this section, a simplified dam break inundation zone analysis may be completed by the department and shall be provided to the impounding structure's owner to assist such owner in complying with the requirements of this chapter. All analyses shall be completed in accordance with 4VAC50-20-20 D.

B. The location of the end of the inundation zone should be where the water surface elevation of the dam break inundation zone and the water surface elevation of the spillway design flood during an impounding structure nonfailure event converge to within one foot of each other. Any inundation maps provided shall be supplemented with water surface profiles showing the peak water surface elevation prior to failure and the peak water surface elevation after failure.

C. All inundation zone maps shall be signed and sealed by a licensed professional engineer. A cover letter, signed and sealed by a professional engineer, must be submitted with the electronic format of the limits of the dam break inundation zone.

D. Present and planned land use for which a development plan has been officially approved by the locality in the dam break inundation zones downstream from the impounding structure shall be considered in determining the classification.

E. For determining the hazard potential classification, an analysis including those hazards created by flood and nonflood dam failures shall be considered. At a minimum, the following shall be provided to the department:

A sunny day dam break analysis utilizing the volume retained at the normal or typical water surface elevation of the impounding structure;
A dam break analysis utilizing the spillway design flood with a dam failure;
An analysis utilizing the spillway design flood without a dam failure; and
A dam break analysis utilizing the probable maximum flood with a dam failure.

F. To meet the Emergency Action Plan requirements set out in 4VAC50-20-175, all owners of high hazard potential or significant hazard potential impounding structures shall provide dam break inundation zone maps or an acceptable electronic format of the limits of the dam break inundation zone representing the impacts that would occur with both a sunny day dam failure and a probable maximum flood with a dam failure.

The maps or the limits of the dam break inundation zone shall be developed at a scale sufficient to graphically display downstream inhabited areas and structures, roads, public utilities that may be affected, and other pertinent structures within the identified inundation area. In coordination with the local emergency management coordinator, a list of downstream inundation zone property owners and occupants, including telephone numbers, may be plotted on the map or may be provided with the map for reference during an emergency.
Each map or the limits of the dam break inundation zone shall include the following statement: "The information contained in this map is prepared for use in notification of downstream property owners by emergency management personnel."

G. Upon receipt of a written request in accordance with 4VAC50-20-40 C and receipt of a payment in accordance with 4VAC50-20-395, the department shall conduct a simplified dam break inundation zone analysis. In conducting the analysis, a model acceptable to the department shall be utilized. The analysis shall result in Geographic Information System shape files for viewing and analyzing and shall meet the other analysis criteria of this section.

Upon completion of the analysis, the department shall issue a letter to the owner communicating the results of the analysis, including the shape files, stipulating the department's finding regarding hazard potential classification based on the information available to the department, and explaining what the owner needs to do procedurally with this information to be compliant with the requirements of the Dam Safety Act and this chapter.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 29, Issue 2, eff. November 8, 2012; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-58 Local government notifications

For each certificate or general permit issued, the impounding structure owner shall send a copy of the certificate or general permit to the appropriate local government with planning and zoning responsibilities. A project description and either (i) any maps required under 4VAC50-20-54 showing the area that could be affected by the impounding structure failure, or (ii) the limits of the dam break inundation zone in an acceptable electronic format in accordance with 4VAC50-20-54 shall be submitted with the certificate or general permit. The department will provide a standard form cover letter for forwarding the certificate copy or general permit and accompanying materials.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-59 Reporting

For the purposes of categorizing and reporting information to national and other dam safety databases, impounding structure size shall be classified as noted in Table 2.

| Table 2 Impounding Structure Regulations | | | --- | --- | | Maximum Impounding Capacity (Ac-Ft) | Height (Ft) | | Large ≥ 50,000 | ≥ 100 | | Medium ≥ 1,000 & < 50,000 | ≥ 40 & < 100 | | Small ≥ 15 & < 1,000 | ≥ 6 & < 40 |

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

Part II Construction and Alteration Permit Requirements

4VAC50-20-60 Required permits

A. No person or entity shall construct or begin to construct a new impounding structure until the board has issued a construction permit.

B. No person or entity shall alter or begin to alter an existing impounding structure until the board has issued an alteration permit. If an owner or the owner's engineer has determined that circumstances are impacting the integrity of the impounding structure that could result in the imminent failure of the impounding structure, temporary repairs may be initiated prior to approval from the board. The owner shall notify the department within 24 hours of identifying the circumstances impacting the integrity of the impounding structure. Such emergency notification shall not relieve the owner of the need to obtain an alteration permit as soon as may be practicable, nor shall the owner take action beyond that necessary to address the emergency situation.

C. When the owner submits an application to the board for any permit to construct or alter an impounding structure, the owner shall also inform the local government jurisdiction or jurisdictions that might be affected by the permit application.

D. In evaluating construction and alteration permit applications the director shall use the design criteria and standards referenced in 4VAC50-20-320.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 2.1, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-70 Construction permits

A. Prior to preparing the complete design report for a Construction Permit, applicants may submit a preliminary design report to the department to determine if the project concept is acceptable to the department. The preliminary design report should contain, at a minimum, a general description of subdivisions 1 through 12 of subsection B of this section and subdivisions 1 and 2 of this subsection:

Proposed design criteria and a description of the size of the impounding structure, ground cover conditions, extent of current upstream development within the watershed and the hydraulic, hydrological and structural features, geologic conditions, and the geotechnical engineering assumptions used to determine the foundation, impoundment rim stability, and materials to be used.
Preliminary drawings of a general nature, including cross sections, plans and profiles of the impounding structure, proposed pool levels, and types of spillways.

B. An applicant for a Construction Permit shall submit a design report. A form for the design report is available from the department. The design report shall be prepared in accordance with 4VAC50-20-240. The design report is a required element of a complete application for a Construction Permit and shall include the following information:

Project information including a description of the proposed construction, name of the impounding structure, inventory number if available, name of the reservoir, and the purpose of the reservoir.
The proposed hazard potential classification in conformance with Table 1 of 4VAC50-20-50.
Location of the impounding structure, including the city or county, number of feet or miles upstream or downstream of a highway, and the highway number, name of the river or the stream, and the latitude and longitude.
Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication.
Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number.
Impounding structure data, including type of material (i.e., earth, concrete, masonry, or other), and the following design configurations:

a. Top of impounding structure (elevation);

b. Downstream toe – lowest (elevation);

c. Height of impounding structure (feet);

d. Crest length – exclusive of spillway (feet);

e. Crest width (feet);

f. Upstream slope (horizontal to vertical); and

g. Downstream slope (horizontal to vertical).

Reservoir data, including the following:

a. Maximum capacity (acre-feet);

b. Maximum pool (elevation);

c. Maximum pool surface area (acres);

d. Normal capacity (acre-feet);

e. Normal pool (elevation);

f. Normal pool surface area (acres); and

g. Freeboard (feet).

Spillway data, including the type, construction material, design configuration, and invert elevation for the low-level drain, the principal spillway, and the emergency spillway.
Watershed data, including drainage area (square miles); type and extent of watershed development; time of concentration (hours); routing procedure; spillway design flood used and state source; design inflow hydrograph volume (acre-feet), peak inflow (cfs), and rainfall duration (hours); and freeboard during passage of the spillway design flood (feet).
A description of properties located in the dam break inundation zone downstream from the site of the proposed impounding structure, including the location and number of structures, buildings, roads, utilities, and other property that would be endangered should the impounding structure fail.
Evidence that the local government has been notified of the proposal by the owner to build an impounding structure.
Maps showing the location of the proposed impounding structure that include the county or city in which the proposed impounding structure would be located, the location of roads and access to the site, and the outline of the impoundment. Existing aerial photographs or existing topographic maps may be used for this purpose.
A report of the geotechnical investigations of the foundation soils or bedrock and of the materials to be used to construct the impounding structure.
Design assumptions and analyses sufficient to indicate that the impounding structure will be stable during its construction and during the life of the impounding structure under all conditions of impoundment operations, including rapid filling, flood surcharge, seismic loadings, and rapid drawdown of the impoundment.
Evaluation of the stability of the impoundment rim area to safeguard against impoundment rim slides of such magnitude as to create waves capable of overtopping the impounding structure and evaluation of rim stability during seismic activity.
Design assumptions and analyses sufficient to indicate that seepage in, around, through, or under the impounding structure, foundation, and abutments will be reasonably and practically controlled so that internal or external forces or results thereof will not endanger the stability and integrity of the impounding structure. The design report shall also include information on graded filter design.
Calculations and assumptions relative to hydraulic and structural design of the spillways and energy dissipaters. Spillway capacity shall conform to the criteria of Table 1 and 4VAC50-20-52.
Provisions to ensure that the impounding structure and appurtenances will be protected against unacceptable deterioration or erosion due to freezing and thawing, wind, wave action, and rain or any combination thereof.
Other pertinent design data, assumptions, and analyses commensurate with the nature of the particular impounding structure and specific site conditions, including, when required by this chapter, a plan and water surface profile of the dam break inundation zone.
A description of the techniques to be used to divert stream flow during construction so as to prevent hazard to life, health, and property, including a detailed plan and procedures to maintain a stable impounding structure during storm events, a drawing showing temporary diversion devices, and a description of the potential impoundment during construction. Such diversion plans shall also be in accordance with applicable environmental laws.
A plan for project construction monitoring and quality control testing to confirm that construction materials and performance standards meet the design requirements set forth in the specifications.
Plans and specifications as required by 4VAC50-20-310.
Certification by the owner's engineer that the information provided pursuant to this subsection is true and correct in the engineer's professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal.
Owner's signature certifying receipt of the information provided pursuant to this subsection.

C. A plan of construction is a required element of a complete permit application for a Construction Permit and shall include:

A construction sequence with milestones.
Elements of the work plan that should be considered include foundation and abutment treatment, stream or river diversion, excavation and material fill processes, phased fill and compaction, testing and control procedures, construction of permanent spillway, and drainage devices.
The erosion and sediment control plan, as approved by the local government, that minimizes soil erosion and sedimentation during all phases of construction.
The stormwater management plan or stormwater management facility plan, as approved by the local government, if the impounding structure is a stormwater management best management practice.

D. A Temporary Emergency Action Plan is a required element of a complete application for a Construction Permit and shall include:

A notification list of state and local emergency response agencies;
Provisions for notification of potentially affected residences and structures;
Construction site evacuation routes; and
Any other special notes particular to the project.

E. Within 120 days of receipt of a complete Construction Permit Application, the board shall act on the application. If the application is not acceptable, the director shall inform the applicant within 60 days of receipt and shall explain what changes are required for an acceptable application. A complete Construction Permit Application consists of the following:

A final design report, submitted on the department form, with attachments as needed, and certified by the owner and the owner's engineer;
A plan of construction that meets the requirements of subsection C of this section; and
A temporary Emergency Action Plan that meets the requirements of subsection D of this section.

F. Prior to and during construction the owner shall provide the director with any proposed changes from the approved design, plans, specifications, or plan of construction. Approval shall be obtained from the director prior to the construction or installation of any changes that will affect the integrity or impounding capacity of the impounding structure.

G. The Construction Permit shall be valid for the plan of construction specified in the Construction Permit Application.

H. Construction must commence within two years after the permit is issued. If construction does not commence within two years after the permit is issued, the permit shall expire, except that the applicant may petition the board for extension of the two-year period and the board may extend such period for good cause with an appropriately updated plan of construction and Temporary Emergency Action Plan.

I. The board, the director, or both may take any necessary action consistent with the Dam Safety Act if any terms of this section or of the permit are violated, if the activities of the owner are not in accordance with the approved plans and specifications, if construction is conducted in a manner hazardous to downstream life or property, or for other cause as described in the Dam Safety Act.

J. Within 90 days after completion of the construction of an impounding structure, the owner shall submit:

A complete set of record drawings signed and sealed by a licensed professional engineer and signed by the owner:
A complete Record Report signed and sealed by a licensed professional engineer and signed by the owner that includes:

a. Project information, including the name and inventory number of the structure, name of the reservoir, and whether the report is associated with a new or old structure;

b. Location of the impounding structure, including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude;

c. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;

d. Information on the design report, including who it was prepared by, the date of design report preparation, whether it was for new construction or for an alteration, and the permit issuance date;

e. Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number;

f. Impounding structure data, including type of material (i.e., earth, concrete, masonry, or other) and the following configurations:

(1) Top of impounding structure (elevation);

(2) Downstream toe – lowest (elevation);

(3) Height of impounding structure (feet);

(4) Crest length – exclusive of spillway (feet);

(5) Crest width (feet);

(6) Upstream slope (horizontal to vertical); and

(7) Downstream slope (horizontal to vertical).

g. Reservoir data, including the following:

(1) Maximum capacity (acre-feet);

(2) Maximum pool (elevation);

(3) Maximum pool surface area (acres);

(4) Normal capacity (acre-feet);

(5) Normal pool (elevation);

(6) Normal pool surface area (acres); and

(7) Freeboard (feet).

h. Spillway data, including the type, construction material, design configuration, and invert elevation for the low level drain, the principal spillway, and the emergency spillway; a description of the low-level drain and principal spillway, including dimensions, trash guard information, and orientation of intake and discharge to impounding structure if looking downstream; and a description of the emergency spillway, including dimensions and orientation to impounding structure if looking downstream;

i. Watershed data, including drainage area (square miles); type and extent of watershed development; time of concentration (hours); routing procedure; spillway design flood used and state source; design inflow hydrograph volume (acre-feet), peak inflow (cfs), and rainfall duration (hours); and freeboard during passage of the spillway design flood (feet);

j. Impounding structure history, including the date construction was completed, who it was designed by and the date, who it was built by and the date, who performed inspections and dates, description of repairs, and confirmation as to whether the impounding structure has ever been overtopped;

k. A narrative describing the impounding structure procedures for operation, maintenance, filling, emergency action plan implementation, and structure evaluation;

l. A narrative describing the hydraulic and hydrologic data on the spillway design flood, hydrologic records, flood experience, flood potential, reservoir regulation, and comments or recommendations regarding these attributes;

m. A narrative describing stability of the foundation and abutments, embankment materials, and a written evaluation of each;

n. A complete set of record drawings signed and sealed by a licensed professional engineer and signed by the owner;

o. Certification by the owner's engineer that the information provided pursuant to this subdivision J 2 is true and correct in the engineer's professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal; and

p. Owner's signature certifying receipt of the information provided pursuant to this subdivision J 2.

Certification from the licensed professional engineer who has monitored construction of the impounding structure during construction that, to the best of the engineer's judgment, knowledge and belief, the impounding structure and its appurtenances were constructed in conformance with the plans, specifications, drawings, and other requirements approved by the board;
Operation and Maintenance Certificate Application in accordance with 4VAC50-20-105 or a registration statement submitted in accordance with 4VAC50-20-502; and
Emergency Action Plan or Emergency Preparedness Plan in accordance with 4VAC50-20-175 or 4VAC50-20-177.

K. Upon completion of construction, the impoundment may be filled upon board issuance of an Operation and Maintenance Certificate or a general permit.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 2.2, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-80 Alterations permits

A. Alterations which would potentially affect the structural integrity of an impounding structure include, but are not limited to, changing the height or otherwise enlarging the dam, increasing normal pool or principal spillway elevation or physical dimensions, changing the elevation or physical dimensions of the emergency spillway, conducting necessary repairs or structural maintenance, or removing the impounding structure. Structural maintenance does not include routine maintenance.

B. An applicant for an Alteration Permit shall submit a design report. A form for the design report is available from the department (Design Report for the Construction or Alteration of Virginia Regulated Impounding Structures). The design report shall be prepared in accordance with 4VAC50-20-240. The design report shall include, but not be limited to, the following information:

Project information including a description and benefits of the proposed alteration, name of the impounding structure, inventory number if available, name of the reservoir, and the purpose of the reservoir.
The hazard potential classification in conformance with Table 1 in 4VAC50-20-50.
Location of the impounding structure including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude.
Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication.
Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number.
Impounding structure data including type of material (earth, concrete, masonry or other) and the following configurations (note both existing and design configurations for each):

a. Top of impounding structure (elevation);

b. Downstream toe – lowest (elevation);

c. Height of impounding structure (feet);

d. Crest length – exclusive of spillway (feet);

e. Crest width (feet);

f. Upstream slope (horizontal to vertical); and

g. Downstream slope (horizontal to vertical).

Reservoir data including the following (note both existing and design configurations for each):

a. Maximum capacity (acre-feet);

b. Maximum pool (elevation);

c. Maximum pool surface area (acres);

d. Normal capacity (acre-feet);

e. Normal pool (elevation);

f. Normal pool surface area (acres); and

g. Freeboard (feet).

Spillway data including the type, construction material, design configuration, and invert elevation for the low level drain, the principal spillway, and the emergency spillway.
Watershed data including drainage area (square miles); type and extent of watershed development; time of concentration (hours); routing procedure; spillway design flood used and state source; design inflow hydrograph volume (acre-feet), peak inflow (cfs), and rainfall duration (hours); and freeboard during passage of the spillway design flood (feet).
Evidence that the local government has been notified of the alteration and repair plan.
Plans and specifications as required by 4VAC50-20-310. The plan view of the impounding structure site should represent all significant structures and improvements that illustrate the location of all proposed work.
A report of the geotechnical investigations of the foundation soils, bedrock, or both in the areas affected by the proposed alterations and of the materials to be used to alter the impounding structure.
Design assumptions and analyses sufficient to indicate that the impounding structure will be stable during the alteration of the impounding structure under all conditions of reservoir operations.
Calculations and assumptions relative to design of the improved spillway or spillways, if applicable.
Provisions to ensure that the impounding structure and appurtenances during the alteration will be protected against unacceptable deterioration or erosion due to freezing and thawing, wind, wave action and rain or any combination thereof.
Other pertinent design data, assumptions and analyses commensurate with the nature of the particular impounding structure and specific site conditions, including when required by this chapter, a plan and water surface profile of the dam break inundation zone.
If applicable, a description of the techniques to be used to divert stream flow during alteration work so as to prevent hazard to life, health and property, including a detailed plan and procedures to maintain a stable impounding structure during storm events, a drawing showing temporary diversion devices, and a description of the potential impoundment during the alteration. Such diversion plans shall be in accordance with the applicable environmental laws.
A plan for project construction monitoring and quality control testing to confirm that materials used in the alteration work and that performance standards meet the design requirements set forth in the specifications.
Certification by the owner's engineer that the information provided pursuant to this subsection is true and correct in their professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal.
Owner's signature certifying receipt of the information provided pursuant to this subsection.

C. A plan of construction is a required element of complete permit application and shall include:

A construction sequence with milestones.
Elements of the work plan that should be considered include, but are not limited to, foundation and abutment treatment, excavation and material fill processes, phased fill and compaction, testing and control procedures, construction of permanent spillway and drainage devices, if applicable.
The erosion and sediment control plan, as approved by the local government, which minimizes soil erosion and sedimentation during all phases of construction.

D. Within 120 days of receipt of a complete Alteration Permit Application, the board shall act on the application. If the application is not acceptable, the director shall inform the applicant within 60 days of receipt and shall explain what changes are required for an acceptable application. A complete Alteration Permit Application consists of the following:

A final design report with attachments as needed, and certified by the owner;
A plan of construction that meets the requirements of subsection C of this section;
Any necessary interim provisions to the current Emergency Action Plan or Emergency Preparedness Plan. Interim provisions shall be submitted to the local organization for emergency management, the Virginia Department of Emergency Management, and the department; and
If the owner is requesting the deregulation of an impounding structure, the application shall specify whether the impounding structure is to be removed so that the impounding structure is incapable of storing water, either temporarily or permanently; or whether the impounding structure is to be altered in such a manner that either the height or storage capacity of the impounding structure causes the impounding structure to be of less than regulated size.

E. During the alteration work, the owner shall provide the director with any proposed changes from the approved design, plans, specifications, or a plan of construction. Approval shall be obtained from the director prior to the alteration or installation of any changes that will affect the integrity or impounding capacity of the impounding structure.

F. The Alteration Permit shall be valid for the construction sequence with milestones specified in the approved Alteration Permit Application.

G. Work identified in the Alteration Permit must commence within the time frame identified in the Alteration Permit. If work does not commence within the prescribed time frame, the permit shall expire, except that the applicant may petition the board for extension of the prescribed time frame and the board may extend such period for good cause with an updated construction sequence with milestones.

H. The board, the director, or both may take any necessary action consistent with the Dam Safety Act (§ 10.1-604 et seq. of the Code of Virginia) if any terms of this section or of the permit are violated, if the activities of the owner are not in accordance with the approved plans and specifications, if the alteration is conducted in a manner hazardous to downstream life or property, or for other cause as described in the Act.

I. Within 90 days after completion of the alteration of an impounding structure, the owner shall submit a complete Record Report. A form for the Record Report is available from the department (Record Report for Virginia Regulated Impounding Structures). The Record Report shall be signed and sealed by a licensed professional engineer and signed by the owner and shall be sent to the department indicating that the modifications made to the structural features of the impounding structure have been completed. This report is not required when the Alteration Permit has been issued for the removal of an impounding structure. The Record Report shall include the following:

Project information including the name and inventory number of the structure, name of the reservoir, and whether the report is associated with a new or old structure;
Location of the impounding structure including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude;
Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;
Information on the design report, including who it was prepared by, the date of design report preparation, whether it was for new construction or for an alteration, and the permit issuance date;
Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number;
Impounding structure data including type of material (earth, concrete, masonry or other) and the following configurations:

a. Top of impounding structure (elevation);

b. Downstream toe – lowest (elevation);

c. Height of impounding structure (feet);

d. Crest length – exclusive of spillway (feet);

e. Crest width (feet);

f. Upstream slope (horizontal to vertical); and

g. Downstream slope (horizontal to vertical).

Reservoir data including the following:

a. Maximum capacity (acre-feet);

b. Maximum pool (elevation);

c. Maximum pool surface area (acres);

d. Normal capacity (acre-feet);

e. Normal pool (elevation);

f. Normal pool surface area (acres); and

g. Freeboard (feet).

Spillway data including the type, construction material, design configuration, and invert elevation for the low level drain, the principal spillway, and the emergency spillway; a description of the low level drain and principal spillway including dimensions, trash guard information, and orientation of intake and discharge to impounding structure if looking downstream; and a description of the emergency spillway including dimensions and orientation to impounding structure if looking downstream;
Watershed data including drainage area (square miles); type and extent of watershed development; time of concentration (hours); routing procedure; spillway design flood used and state source; design inflow hydrograph volume (acre-feet), peak inflow (cfs), and rainfall duration (hours); and freeboard during passage of the spillway design flood (feet);
Impounding structure history including the date construction was completed, who it was designed by and the date, who it was built by and the date, who performed inspections and dates, description of repairs, and confirmation as to whether the impounding structure has ever been overtopped;
A narrative describing the impounding structure procedures for operation, maintenance, emergency action plan implementation, and structure evaluation;
A narrative describing the hydraulic and hydrologic data on the spillway design flood, hydrologic records, flood experience, flood potential, reservoir regulation, and comments or recommendations regarding these attributes;
A narrative describing stability of the foundation and abutments, embankment materials, and a written evaluation of each;
A complete set of record drawings signed and sealed by a licensed professional engineer and signed by the owner;
Certification by the owner's engineer that the information provided pursuant to this subsection is true and correct in their professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal; and
Owner's signature certifying receipt of the information provided pursuant to this subsection.

J. For altered impounding structures, a certification from a licensed professional engineer who has monitored the alteration of the impounding structure that, to the best of the engineer's judgment, knowledge, and belief, the impounding structure and its appurtenances were altered in conformance with the plans, specifications, drawings and other requirements approved by the board.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 2.3, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-90 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 2.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-100 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 3.1, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-101 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-102 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-103 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-104 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

Part III Certificate Requirements

4VAC50-20-105 Regular Operation and Maintenance Certificates for high hazard potential or significant hazard potential impounding structures

A. A Regular Operation and Maintenance Certificate is required for a high hazard potential or significant hazard potential impounding structure. Such six-year certificates shall include the following based on hazard classification:

High Hazard Potential Regular Operation and Maintenance Certificate; or
Significant Hazard Potential Regular Operation and Maintenance Certificate.

B. The owner of a high hazard potential or significant hazard potential impounding structure shall apply for the renewal of the six-year Regular Operation and Maintenance Certificate 90 days prior to its expiration. If a Regular Operation and Maintenance Certificate is not renewed as required, the board shall take appropriate enforcement action.

C. Any owner of a high hazard potential or significant hazard potential impounding structure that does not have a Regular Operation and Maintenance Certificate or any owner renewing a Regular Operation and Maintenance Certificate for a high hazard potential or significant hazard potential impounding structure shall file an Operation and Maintenance Certificate Application. A form for the application is available from the department. Such application shall be signed by the owner and signed and sealed by a licensed professional engineer. The following information shall be submitted on or with the application:

The application shall include the following required information:

a. The name of structure and inventory number;

b. The proposed hazard potential classification;

c. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;

d. An operating plan and schedule, including a narrative on the operation of control gates and spillways and the impoundment drain;

e. For earthen embankment impounding structures, a maintenance plan and schedule for the embankment, principal spillway, emergency spillway, low-level outlet, impoundment area, downstream channel, and staff gages;

f. For concrete impounding structures, a maintenance plan and schedule for the upstream face, downstream face, crest of dam, galleries, tunnels, abutments, spillways, gates and outlets, and staff gages;

g. An inspection schedule for operator inspection, maintenance inspection, technical safety inspection, and overtopping situations;

h. A schedule including the rainfall amounts, emergency spillway flow levels or storm event that initiates the Emergency Action Plan and the frequency of observations;

i. A statement as to whether or not the current hazard potential classification for the impounding structure is appropriate and whether or not additional work is needed to make an appropriate hazard potential designation;

j. For newly constructed or recently altered impounding structures, a certification from a licensed professional engineer who has monitored the construction or alteration of the impounding structure that, to the best of the engineer's judgment, knowledge, and belief, the impounding structure and its appurtenances were constructed or altered in conformance with the plans, specifications, drawings, and other requirements approved by the board;

k. Certification by the owner's engineer that the Operation and Maintenance Certificate Application information provided pursuant to subdivision 1 of this subsection is true and correct in the engineer's professional judgment. Such certification shall include the engineer's signature, printed name, Virginia number, date, and the engineer's Virginia seal; and

l. Owner's signature certifying the Operation and Maintenance Certificate Application information provided pursuant to subdivision 1 of this subsection and that the operation and maintenance plan and schedule shall be conducted in accordance with this chapter.

An inspection report in accordance with subsection E of this section;
An Emergency Action Plan in accordance with 4VAC50-20-175 and evidence that the required copies of such plan have been submitted to the local emergency management coordinator and the Virginia Department of Emergency Management;
Any additional analysis determined necessary by the director, the board, or the owner's engineer to address public safety concerns. Such additional analysis may include seismic stability, earthen spillway integrity, adequate freeboard allowance, stability assessment of the impoundment's foundation, potential liquefaction of the embankment, overturning or sliding of a concrete structure, and other structural stress issues; and
If applicable, a current certification from the dam owner in accordance with 4VAC50-20-53.

D. If the Operation and Maintenance Certificate Application submittal is found to be incomplete, the director shall inform the applicant within 30 days and shall explain what changes are required for an acceptable submission. Within 60 days of receipt of a complete application, the board shall act upon the application. Upon finding that the impounding structure as currently operating is in compliance with this chapter, the board shall issue a Regular Operation and Maintenance Certificate. Should the board find that the impounding structure as currently operating is not in compliance with this chapter, the board may deny the certificate application or issue a Conditional Operation and Maintenance Certificate in accordance with 4VAC50-20-150.

E. Inspections shall be performed on an impounding structure annually.

Inspection reports signed and sealed by a licensed professional engineer shall be submitted to the department in accordance with the following schedule:

a. For a high hazard potential impounding structure, every two years;

b. For a significant hazard potential impounding structure, every three years; or

c. For a high hazard potential impounding structure to which 4VAC50-20-53 applies, annually in accordance with 4VAC50-20-53.

In years when an inspection report signed and sealed by a licensed professional engineer is not required, an owner shall submit the Annual Inspection Report for Virginia Regulated Impounding Structures.

The inspection report shall include the following required information:

a. Project information, including the name and inventory number of structure, name of the reservoir, and purpose of the reservoir;

b. City or county where the impounding structure is located;

c. Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;

d. Owner's engineer's name, firm, professional engineer Virginia number, mailing address, and business telephone number;

e. Inspection observation of the impounding structure, including the following:

(1) Earthen embankment information, including any embankment alterations; erosion; settlement, misalignments, or cracks; seepage and seepage flow rate; and location;

(2) Upstream slope information, including notes on woody vegetation removed, rodent burrows discovered, and remedial work performed;

(3) Intake structure information, including notes on deterioration of concrete structures, exposure of rebar reinforcement, need to repair or replace trash rack, any problems with debris in the reservoir, and whether the drawdown valve operated;

(4) Abutment contacts, including notes on seepage and seepage flow rate and location;

(5) Earthen emergency spillway, including notes on obstructions to flow and plans to correct, rodent burrows discovered, and deterioration in the approach or discharge channel;

(6) Concrete emergency spillway, including notes on the deterioration of the concrete, exposure of rebar reinforcement, any leakage below concrete spillway, and obstructions to flow and plans to correct;

(7) Downstream slope information, including notes on woody vegetation removed, rodent burrows discovered, whether seepage drains are working, and any seepage or wet areas;

(8) Outlet pipe information, including notes on any water flowing outside of discharge pipe through the impounding structure and a description of any reflection or damage to the pipe;

(9) Stilling basin information, including notes on the deterioration of the concrete, exposure of rebar reinforcement, deterioration of the earthen basin slopes, repairs made, and any obstruction to flow;

(10) Gates information, including notes on gate malfunctions or repairs, corrosion or damage, and whether any gates were operated and, if so, how often and to what extreme;

(11) Reservoir information, including notes on new developments upstream of the dam, slides or erosion of lake banks, and general comments to include silt, algae, or other influence factors;

(12) Instruments information, including any reading of instruments and any installation of new instruments; and

(13) General information, including notes on new development in the downstream dam break inundation zone that would impact hazard classification or spillway design flood requirements, the maximum stormwater discharge or peak elevation during the previous year, whether general maintenance was performed and when, and actions that need to be completed before the next inspection.

f. Evaluation rating of the impounding structure and appurtenances (i.e., excellent, good, or poor), general comments, and recommendations;

g. Certification by the owner and date of inspection; and

h. Certification and seal by the owner's engineer and date of inspection, as applicable.

F. The owner of an impounding structure shall notify the department immediately of any change in the use of the area downstream that would impose hazard to life or property in the event of failure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 27, Issue 6, eff. December 22, 2010; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-110 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 3.2, eff. February 1, 1989; repealed, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-120 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 3.3, eff. February 1, 1989; repealed, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-125 Delayed effective date for Spillway Design Flood requirements for impounding structures

A. If an impounding structure has been determined to have an adequate spillway capacity prior to September 26, 2008, and is currently operating under a Regular Operation and Maintenance Certificate, but will now require spillway modifications due to changes in these regulations, the owner shall submit to the board an Alteration Permit Application in accordance with 4VAC50-20-80 to address spillway capacity at the time of the expiration of their Regular Operation and Maintenance Certificate or by September 26, 2011, whichever is later. The Alteration Permit Application shall contain a construction sequence with milestones for completing the necessary improvements within five years of Alteration Permit issuance. The board may approve an extension of the prescribed time frame for good cause. Should the owner be able to demonstrate that no spillway capacity change is necessary, the impounding structure may be found to be in compliance with this chapter.

B. In accordance with 4VAC50-20-105, the owner shall submit the Operation and Maintenance Certificate Application (Operation and Maintenance Certificate Application for Virginia Regulated Impounding Structures), the Emergency Action Plan or Emergency Preparedness Plan, and the Inspection Report (Annual Inspection Report for Virginia Regulated Impounding Structures) 90 days prior to the expiration of the Regular Operation and Maintenance Certificate.

C. If circumstances warrant more immediate repairs to the impounding structure, the board may direct alterations to the spillway to be completed sooner.

D. During this delay period, owners are required to address other deficiencies that may exist that are not related to the spillway design flood.

E. Any impounding structure owner who, as of September 26, 2008, held an Alteration Permit or Construction Permit under the requirements of this chapter that were effective prior to that date, who has maintained this permit as valid, and who completes all requirements of such permit and any applicable Conditional Operation and Maintenance Certificate by September 26, 2011, shall not be required to meet new requirements of this chapter that became effective on September 26, 2008, until the completion of the first six-year certificate cycle following completion of all requirements of his permit and any applicable certificates. During this six-year period, the owner may be issued a Regular Operation and Maintenance Certificate should the impounding structure otherwise be eligible for such certificate.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended Virginia Register Volume 28, Issue 5, eff. December 22, 2011.

4VAC50-20-130 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 3.4, eff. February 1, 1989; repealed, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-140 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 3.5, eff. February 1, 1989; repealed, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-150 Conditional Operation and Maintenance Certificate for high hazard potential or significant hazard potential impounding structures

A. During the review of any Operation and Maintenance Certificate Application completed in accordance with 4VAC50-20-105, should the director determine that the impounding structure has nonimminent deficiencies, the director may recommend that the board issue a Conditional Operation and Maintenance Certificate.

B. The Conditional Operation and Maintenance Certificate for High Hazard Potential or Significant Hazard Potential impounding structures shall be for a maximum term of two years. This certificate will allow the owner to continue normal operation and maintenance of the impounding structure and shall require that the owner correct the deficiencies on a schedule approved by the board.

C. A Conditional Operation and Maintenance Certificate may be extended in accordance with the procedures of 4VAC50-20-155, provided that inspection reports are on file, and the board determines that the owner is proceeding with the necessary corrective actions.

D. Once the deficiencies are corrected, the board shall issue a Regular Operation and Maintenance Certificate based upon the impounding structure's meeting the requirements of 4VAC50-20-105.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 3.6, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-155 Extension of Operation and Maintenance Certificates

The board may extend an Operation and Maintenance Certificate for impounding structures provided that the owner submits a written request justifying an extension, the amount of time needed to comply with the requirements set out in the current Operation and Maintenance Certificate, and any required fees. The owner must have demonstrated substantial and continual progress towards meeting the requirements of the certificate in order to receive an extension.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-160 Additional operation and maintenance requirements

A. The owner of an impounding structure shall not, through action or inaction, cause or allow such structure to impound water following receipt of a written report from the owner's engineer that the impounding structure will not safely impound water.

B. In accordance with § 10.1-609.2 of the Code of Virginia, impounding structure owners shall not permit the growth of trees and other woody vegetation and shall remove any such vegetation from the slopes and crest of embankments and the emergency spillway area, and within a distance of 25 feet from the toe of the embankment and abutments of the dam.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 3.7, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-165 Agricultural exemption

A. Impounding structures operated primarily for agricultural purposes that are less than 25 feet in height or that create a maximum impoundment capacity smaller than 100 acre-feet are exempt from the Impounding Structure Regulations.

B. An owner covered by an agricultural exemption pursuant to § 10.1-604 of the Code of Virginia and 4VAC50-20-30 may validate such exemption by submitting an Agricultural Exemption Report (Agricultural Exemption Report for Impounding Structures). The Agricultural Exemption Report shall include the following information:

Project information including the name and inventory number of the structure and name of the reservoir;
Location of the impounding structure including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude;
Owner's name or representative if corporation, mailing address, residential and business telephone numbers, and other means of communication;
The impounding structure height in feet and the maximum impounding capacity in acre-feet;
A list of the agricultural functions for which the impoundment supplies water;
The date of validation; and
The owner's signature validating that the impoundment is operated primarily for agricultural purposes and is exempt from the regulations.

C. The Agricultural Exemption Report may be verified by the department through a site visit.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-170 Transfer of certificates

A. Prior to the transfer of ownership of an impounding structure, the certificate holder shall notify the director in writing and the new owner shall file a transfer notification with the department. A form for the transfer notification is available from the department. The new owner may elect to continue the existing operation and maintenance certificate for the remaining term or apply for a new certificate in accordance with 4VAC50-20-105. If the owner elects to continue the existing certificate, the owner shall certify to the director that the owner is aware of and will comply with all of the requirements and conditions of the certificate.

B. The transfer notification shall include the following required information:

Project information, including the name and inventory number of the structure, name of the reservoir, and impoundment hazard classification;
Location of the impounding structure, including the city or county, number of feet or miles upstream or downstream of a highway and the highway number, name of the river or the stream, and the latitude and longitude;
Type of certificates and permits to be transferred, including effective date and expiration date of all certificates and permits;
Past owner's name, mailing address, and residential and business telephone numbers;
New owner's name, mailing address, and residential and business telephone numbers;
Request to transfer certification statement signed and dated by the past owner;
Certification of compliance with permit or certificate with all terms and conditions signed and dated by the new owner; and
Contact information updates for the Emergency Action Plan provided by the new owner. Such updates shall include the name, mailing address, and residential and business telephone numbers for the impounding structure owner, impounding structure operator, rainfall and staff gage observer, and alternate observer.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 3.8, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-175 Emergency Action Plan (EAP) for High and Significant Hazard Potential impounding structures

A. In order to protect life during potential emergency conditions at an impounding structure, and to ensure effective, timely action is taken should an impounding structure emergency occur, an EAP shall be required for each High and Significant Hazard Potential impounding structure. The EAP shall be coordinated with the Department of Emergency Management in accordance with § 44-146.18 of the Code of Virginia. The EAP required by these regulations shall be incorporated into local and interjurisdictional emergency plans pursuant to § 44-146.19 of the Code of Virginia.

B. It is the impounding structure owner's responsibility to develop, maintain, exercise, and implement a site-specific EAP.

C. An EAP shall be submitted every six years. The EAP shall be submitted with the owner's submittal of their Regular Operation and Maintenance Certificate application (Operation and Maintenance Certificate Application for Virginia Regulated Impounding Structures).

D. The owner shall update and resubmit the EAP immediately upon becoming aware of necessary changes to keep the EAP workable. Should an impounding structure be reclassified, an EAP in accordance with this section shall be submitted.

E. A drill shall be conducted annually for each high or significant hazard impounding structure. To the extent practicable, the drill should include a face-to-face meeting with the local emergency management agencies responsible for any necessary evacuations to review the EAP and ensure the local emergency management agencies understand the actions required during an emergency. Except as set out in 4VAC50-20-53, a table-top exercise shall be conducted once every six years, although more frequent table-top exercises are encouraged. Drills and table-top exercises for multiple impounding structures may be performed in combination if the involved parties are the same. Owners shall certify to the department annually that a drill, a table-top exercise, or both has been completed and provide any revisions or updates to the EAP or a statement that no revisions or updates are needed.

F. Impounding structure owners shall test existing monitoring, sensing, and warning equipment at remote or unattended impounding structures at least twice per year or as performed by the Virginia Department of Emergency Management pursuant to § 10.1-609.1 of the Code of Virginia and maintain a record of such tests.

G. An EAP shall contain the following seven basic elements unless otherwise specified in this subsection.

Notification chart. A notification chart shall be included for all classes of impounding structures that shows who is to be notified, by whom, and in what priority. The notification chart shall include contact information providing 24-hour telephone coverage for all responsible parties including, but not limited to, the impounding structure operator or manager, state and local emergency management officials, local police or sheriffs' departments, and the owner's engineer. The notification chart shall also identify the process by which downstream property owners will be notified, and what party or parties will be responsible for making such notifications.
Emergency Detection, Evaluation, and Classification. The EAP shall include a discussion of the procedures for timely and reliable detection, evaluation, and classification of emergency situations considered to be relevant to the project setting and impounding features. Each relevant emergency situation is to be documented to provide an appropriate course of action based on the urgency of the situation. Where appropriate, situations should address impounding structure failures that are imminent or in progress, a situation where the potential for impounding structure failure is rapidly developing, and a situation where the threat is slowly developing.
Responsibilities. The EAP shall specify responsibilities for EAP-related tasks. The EAP shall also clearly designate the responsible party for making the decision that an emergency condition no longer exists at the impounding structure. The EAP shall include procedures and the responsible parties for notifying to the extent possible any known local occupants, owners, or lessees of downstream properties potentially impacted by the impounding structure's failure.
Preparedness. The EAP shall include a section that describes preparedness actions to be taken both before and following development of emergency conditions.
Dam Break Inundation Maps. The EAP shall include dam break inundation maps developed in accordance with 4VAC50-20-54.
Appendices. The appendices shall contain information that supports and supplements the material used in the development and maintenance of the EAP such as analyses of impounding structure failure floods; plans for training, exercising, updating, and posting the EAP; and other site-specific concerns.
Certification. The EAP shall include a section that identifies all parties with assigned responsibilities in the EAP pursuant to subdivision 3 of this subsection. This will include certification that the EAP has been received by these parties. The preparer's name, title, and contact information shall be printed in this section. The preparer's signature shall also be included in the certification section. The local organization for emergency management shall provide the owner and the department with any deficiencies they may note.

H. The development of the EAP shall be coordinated with all entities, jurisdictions, and agencies that would be affected by an impounding structure failure or that have statutory responsibilities for warning, evacuation, and postflood actions. Consultation with state and local emergency management officials at appropriate levels of management responsible for warning and evacuation of the public shall occur to ensure that there is awareness of their individual and group responsibilities. The owner shall also coordinate with the local organization for emergency management to identify properties that upon failure of the impounding structure would result in economic impacts.

I. The EAP, or any updates to an existing EAP, shall be submitted to the department, the local organization for emergency management, and the Virginia Department of Emergency Management. Two copies shall be provided to the department.

J. The following format shall be used as necessary to address the requirements of this section.

Title Page/Cover Sheet

Table of Contents

I. Certifications

II. Notification Flowchart

III. Statement of Purpose

IV. Project Description

V. Emergency Detection, Evaluation, and Classification

VI. General Responsibilities Under the EAP

A. Impounding Structure Owner Responsibilities

B. Responsibility for Notification

C. Responsibility for Evacuation

D. Responsibility for Termination and Follow-Up

E. EAP Coordinator Responsibility

VII. Preparedness

VIII. Inundation Maps

IX. Appendices

A. Investigation and Analyses of Impounding Structure Failure Floods

B. Plans for Training, Exercising, Updating, and Posting the EAP

C. Site-Specific Concerns

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 27, Issue 6, eff. December 22, 2010.

4VAC50-20-177 Emergency Preparedness Plan for low hazard impounding structures

Owners of low hazard impounding structures shall provide information for emergency preparedness to the department, the local emergency management coordinator, and the Virginia Department of Emergency Management. A form for the submission is available from the department. The information shall include the following:

Name and location information for the impounding structure, including city or county and latitude and longitude;
Name of owner and operator and associated contact information, including residential and business telephone numbers and other means of communication;
Contact information for the local emergency management coordinator;
Procedures for notifying downstream property owners or occupants potentially impacted by the impounding structure's failure;
Identification of any downstream roadways that would be impacted by the impounding structure's failure; and
Certification by the owner that the plan is accurate and that the owner understands the responsibilities included in the plan.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 29, Issue 2, eff. November 8, 2012; Volume 42, Issue 9, eff. January 14, 2026.

Part IV Procedures

4VAC50-20-180 Inspections

A. The director may make inspections during construction, alteration or operation and maintenance as deemed necessary to ensure that the impounding structure is being constructed, altered or operated and maintained in compliance with the permit or certificate issued by the board. The director shall provide the owner a copy of the findings of these inspections. The department's inspection does not relieve the owner from the responsibility of providing adequate inspection during construction, alteration, or operation and maintenance. During the maintenance, construction, or alteration of any impounding structure or reservoir, the director shall require the owner to perform, at the owner's expense, such work or tests as necessary to obtain information sufficient to enable the director to determine whether conformity with the plans and specifications approved by the certificate is being secured.

B. Periodic inspections during construction or alteration shall be conducted under the direction of a licensed professional engineer who shall provide for monitoring, review of contractor submittals, and appropriate confirmatory testing of all facets of construction affecting the safety of the impounding structure in accordance with the construction or alteration permit issued by the board.

C. Required inspections during operation and maintenance shall be conducted under the supervision of a licensed professional engineer at intervals designated under 4VAC50-20-105.

D. Every owner shall provide for an inspection by a licensed professional engineer after overtopping of the impounding structure or after flows cause damage to the emergency spillway. A copy of the findings of each inspection with the engineer's recommendations shall be filed with the board within a reasonable period of time not to exceed 30 days subsequent to completion of the inspection.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.1, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-190 Right to informal fact-finding proceeding or hearing

Any owner aggrieved by an action taken by the director or by the board without hearing, or by inaction of the director or the board, under the provisions of this chapter, may demand in writing an informal fact-finding proceeding pursuant to § 2.2-4019 of the Code of Virginia or a formal hearing pursuant to § 2.2-4020 of the Code of Virginia. A formal hearing may be granted only with the consent of the board.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.2, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-195 Judicial review

Any owner aggrieved by a decision of the director, department, or board regarding the owner's impounding structure shall have the right to judicial review of the final decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-200 Enforcement

The provisions of this chapter may be enforced by the board, the director, or both in any manner consistent with the provisions of the Dam Safety Act. Failure to comply with the provisions of the general permit issued in accordance with 4VAC50-20-503 may result in enforcement actions, including penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1 of the Code of Virginia.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.3, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 29, Issue 2, eff. November 8, 2012; Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-210 Consulting committee

A. When the board needs to satisfy questions of safety regarding plans and specifications, construction, alteration, or operation and maintenance, or when requested by the owner, the board may appoint a consulting committee to report to it with respect to those questions of the impounding structure's safety. Such a committee shall consist of two or more consultants, none of whom have been associated with the impounding structure.

B. The costs and expenses incurred by the consulting committee, if appointed at the request of an owner, shall be paid by the owner.

C. The costs and expenses incurred by the consulting committee, if initiated by the board, shall be paid by the board.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-220 Unsafe conditions

A. No owner shall maintain an unsafe impounding structure. Designation of an impounding structure as unsafe shall be made in accordance with § 10.1-607.1 of the Code of Virginia.

B. Imminent danger.

If an owner or the owner's engineer has determined that circumstances are impacting the integrity of the impounding structure that could result in the imminent failure of the impounding structure, temporary repairs may be initiated prior to approval from the board. The owner shall notify the department within 24 hours of identifying the circumstances impacting the integrity of the impounding structure. Such emergency notification shall not relieve the owner of the need to obtain an alteration permit as soon as may be practicable, nor shall the owner take action beyond that necessary to address the emergency situation.
When the director finds that an impounding structure is unsafe and constitutes an imminent danger to life or property, he shall immediately notify the Virginia Department of Emergency Management and confer with the owner who shall activate the Emergency Action Plan or Emergency Preparedness Plan if appropriate to do so. The owner of an impounding structure found to constitute an imminent danger to life or property shall take immediate corrective action to remove the imminent danger as required by § 10.1-608 of the Code of Virginia.

C. Nonimminent danger. The owner of an impounding structure who has been issued findings and recommendations, by the board, for the correction of deficiencies that may threaten life or property if not corrected, shall undertake to implement the recommendations for correction of deficiencies according to a schedule of implementation contained in that report as required by § 10.1-609 of the Code of Virginia. A dam owner may submit to the board his own plan, consistent with this chapter, to address the recommendations for correction of deficiencies and the schedule of implementation contained in the department's safety inspection report. The board shall determine if the submitted plan and schedule are sufficient to address deficiencies.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.5, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008; Volume 27, Issue 6, eff. December 22, 2010.

4VAC50-20-230 Complaints

A. Upon receipt of a complaint alleging that the person or property of the complainant is endangered by the construction, alteration, maintenance or operation of an impounding structure, the director shall cause an inspection of the structure, unless the data, records and inspection reports on file with the board are found adequate to determine if the complaint is valid.

B. If the director finds that an unsafe condition exists, the director shall proceed under the provisions of §§ 10.1-608 and 10.1-609 of the Code of Virginia to render the extant condition safe.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 4.6, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

Part V Design Requirements

4VAC50-20-240 Design of structures

A. The owner shall complete all necessary investigations prior to submitting the design report (Design Report for the Construction or Alteration of Virginia Regulated Impounding Structures). The design report shall contain those components outlined in 4VAC50-20-70 for construction activities or those outlined in 4VAC50-20-80 for alteration activities. The scope and degree of precision required is a matter of engineering judgment based on the complexities of the site and the hazard potential classification of the proposed structure.

B. Surveys shall be made with sufficient accuracy to locate the proposed construction site and to define the total volume of storage in the impoundment. Locations of center lines and other horizontal and vertical controls shall be shown on a map of the site. The area downstream and upstream from the proposed impounding structure shall be investigated in order to delineate the areas and extent of potential damage in case of failure or backwater due to flooding.

C. The drainage area shall be determined. Present and planned land-use conditions shall be considered in determining the runoff characteristics of the drainage area. The most severe of these conditions shall be included in the design calculations which shall be submitted as part of the design report.

D. The geotechnical engineering investigation shall consist of borings, test pits and other subsurface explorations necessary to adequately define the existing conditions. The investigations shall be performed so as to appropriately define the soil, rock and ground water conditions.

E. All construction materials shall be adequately researched and selected so as to ensure that their as constructed behavior will reasonably conform to design criteria. If on-site materials are to be utilized, they shall be located and determined to be adequate in quantity and quality.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.1, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-250 (Repealed.)

History

Historical Notes: Derived from VR625-01-00 § 5.2, eff. February 1, 1989; repealed, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-260 Spillway design

A. Every impounding structure shall have a spillway system with adequate capacity to discharge the design flood without endangering the safety of the impounding structure.

B. Vegetated earth or an unlined emergency spillway may be approved when the applicant demonstrates that it will pass the spillway design flood without jeopardizing the safety of the impounding structure (such as by allowance of overtopping of a structure not designed to permit overtopping). In no case shall impounding structure owners permit the growth of trees and other woody vegetation in the emergency spillway area.

C. Lined emergency spillways shall include design criteria calculations, plans and specifications for suitable energy dissipators and for spillways that include crest control structures, chutes, walls, panel lining, sills, blocks, and miscellaneous details. All joints shall be reasonably water-tight and placed on a foundation capable of sustaining applied loads without undue deformation. Provision shall be made for handling under seepage and uplift pressures from the foundation which might adversely affect the structural integrity and structural stability of the impounding structure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.3, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-270 Principal spillways and outlet works

A. It will be assumed that principal spillways and regulating outlets provided for special functions will operate to normal design discharge capabilities during the spillway design flood, provided appropriate analyses show:

That control gates and structures are suitably designed to operate reliably under maximum heads for durations likely to be involved and risks of blockage by debris are minimal;
That access roads and passages to gate regulating controls would be safely passable by operating personnel under spillway design flood conditions; and
That there are no substantial reasons for concluding that outlets would not operate safely to full design capacity during the spillway design flood.

B. If there are reasons to doubt that any of the above basic requirements might not be adequately met under spillway design flood conditions, the "dependable" discharge capabilities of regulating outlets shall be assumed to be less than 100% of design capacities, generally as outlined in the following subsections C through G of this section.

C. Any limitations in safe operating heads, maximum velocities to be permitted through structures or approach channels, or other design limitations shall be observed in establishing "dependable" discharge rating curves to be used in routing the spillway design flood hydrograph through the reservoir.

D. If intakes to regulating outlets are likely to be exposed to significant quantities of floating debris, sediment depositions or ice hazards prior to or during major floods, the dependable discharge capability during the spillway design flood shall be assumed to be zero.

E. If access roads or structural passages to operating towers or controls are likely to be flooded or otherwise unusable during the spillway design flood, the dependable discharge capability of regulating outlets will be assumed to be zero for the periods of time during which such conditions might exist.

F. Any deficiencies in discharge performance likely to result from delays in the operation of gates before attendants could be reasonably expected to reach the control must be taken into account when estimating "dependable" discharge capabilities assumptions in routing the spillway design flood through the impoundment. Reports on design studies shall indicate the allowances made for possible delays in initiating gate operations. Normally, for projects located in small basins, where critical spillway design flood inflows may occur within several hours after intense precipitation, outflows through any regulating outlets that must be opened after the flood begins shall be assumed to be zero for an appropriate period of time subsequent to the beginning of intense rainfall.

G. All gates, valves, conduits and concrete channel outlets shall be designed and constructed to prevent significant erosion or damage to the impounding structure or to the downstream outlet or channel.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-280 Drain requirements

All new impounding structures regardless of their hazard potential classification, shall include a device to permit draining of the impoundment within a reasonable period of time as determined by the owner's licensed professional engineer. Existing drains on impounding structures shall be kept operational. When practicable, existing impounding structures shall be retrofitted with devices to permit draining.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.5, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-290 Life of the impounding structure

Components of the impounding structure, the outlet works, drain system and appurtenances shall be durable and maintained or replaced in keeping with the design and planned life of the impounding structure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.6, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-300 Additional design requirements

A. Flood routings shall start at or above the elevation of the crest of the lowest ungated outlet. Freeboard determination and justification must be addressed by the owner's engineer.

B. All elements of the impounding structure shall conform to sound engineering practice. Safety factors, design standards and design references that are used shall be included with the design report.

C. Inspection devices may be required by the director for use by inspectors, owners or the director in conducting inspections in the interest of structural integrity during and after completion of construction and during the life of the impounding structure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.7, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-310 Plans and specifications

The plans and specifications for a proposed impounding structure required in 4VAC50-20-70 for construction activities and in 4VAC50-20-80 for alteration activities shall consist of a detailed engineering design report (Design Report for the Construction or Alteration of Virginia Regulated Impounding Structures) and engineering drawings and specifications, with the following as a minimum:

The name of the project; the name of the owner; classification of the impounding structure as set forth in this chapter; designated access to the project and the location with respect to highways, roads, streams and existing impounding structures and impoundments that would affect or be affected by the proposed impounding structure.
Cross-sections, plans, profiles, logs of test borings, laboratory and in situ test data, drawings of principal and emergency spillways, impounding structures, outlet works, drain system and appurtenances, and other project components in sufficient detail to indicate clearly the extent and complexity of the work to be performed.
Contract drawings should include, but not be limited to, foundation and abutment treatment, stream or river diversion, excavation and material fill processes, phased fill and compaction and drainage devices.
The erosion and sediment control plan, as approved by the local government, which minimizes soil erosion and sedimentation during all phases of construction or alteration.
Technical specifications, as may be required to describe the materials, performance, and methods of the construction and construction quality control for the project.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.8, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-320 Acceptable design procedures and references

To ensure consistency of approach, within the major engineering disciplines of hydrology, hydraulics, soils and foundations, structures, and general civil design, criteria and approaches from multiple sources shall not be mixed for developing the design of a given feature or facility without approval of the director. In all cases the owner's engineer shall identify the source of the criteria.

The following are acceptable as design procedures and references:

The design procedures, manuals and criteria used by the United States Army Corps of Engineers.
The design procedures, manuals and criteria used by the United States Department of Agriculture, Natural Resources Conservation Service.
The design procedures, manuals and criteria used by the United States Department of the Interior, Bureau of Reclamation.
The design procedures, manuals and criteria used by the United States Department of Commerce, National Weather Service.
The design procedures, manuals and criteria used by the United States Federal Energy Regulatory Commission.
Other design procedures, manuals and criteria that are accepted as current, sound engineering practices, as approved by the director prior to the design of the impounding structure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from VR625-01-00 § 5.9, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-330 Other applicable dam safety references

A. Manuals, guidance, and criteria used by the Federal Emergency Management Agency, including the following:

Federal Guidelines for Dam Safety: Emergency Action Planning for Dam Owners, U.S. Department of Homeland Security, Federal Emergency Management Agency, October 1998, Reprinted January 2004; FEMA 64 or as revised.
Federal Guidelines for Dam Safety: Selecting and Accommodating Inflow Design Floods for Dams, U.S. Department of Homeland Security, Federal Emergency Management Agency, October 1998, Reprinted April 2004; FEMA 94 or as revised.

B. Manuals, guidance, and forms provided by the department. Such materials may be located on the department's website at: http://www.dcr.virginia.gov.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

Part VI Fees

4VAC50-20-340 Authority to establish fees

Under § 10.1-613.5 of the Code of Virginia, the board is authorized to establish and collect application fees to be used for the administration of the dam safety program, including actions taken in accordance with §§ 10.1-608, 10.1-609, and 10.1-613 of the Code of Virginia. The fees will be deposited into the Dam Safety Administrative Fund.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-350 Fee submittal procedures

A. Effective September 26, 2008, fees for all application submittals required pursuant to 4VAC50-20-370 through 4VAC50-20-390 are due prior to issuance of a certificate or permit. No application for an Operation and Maintenance Certificate, a Construction Permit, or a general permit will be acted upon by the board without full payment of the required fee per § 10.1-613.5 of the Code of Virginia.

B. Fees shall be paid by check, draft, or postal money order payable to the Treasurer of Virginia, or submitted electronically (if available), and must be in United States currency, except that agencies and institutions of the Commonwealth of Virginia may submit interagency transfers for the amount of the fee. All fees shall be sent to the following address (or submitted electronically, if available): Virginia Department of Conservation and Recreation, Division of Finance, Accounts Payable, 600 East Main Street, 24th floor, Richmond, Virginia 23219.

C. All fee payments shall be accompanied by the following information:

Applicant name, address, and daytime telephone number.
The name of the impounding structure and the impounding structure location.
The type of application or report submitted.
Whether the submittal is for a new permit or certificate issuance or permit or certificate reissuance.
The amount of fee submitted.
Impounding structure identification number, if applicable.

D. No permit fees remitted to the department shall be subject to refund except as credits provided for in 4VAC50-20-390 C.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-360 Fee exemptions

Impounding structures owned by Virginia Soil and Water Conservation Districts shall be exempt from all fees associated with this part in accordance with § 10.1-613.5 of the Code of Virginia. There will be no fee assessed for a low hazard impounding structure exempted from fees pursuant to 4VAC50-20-501 or for the decommissioning of an impounding structure.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-370 Construction Permit application fees

A. Any application form submitted pursuant to 4VAC50-20-70 for permitting a proposed impounding structure construction after September 26, 2008, shall be accompanied by a payment as determined in subsection B of this section.

B. Fees shall be as follows:

$2,500 for High or Significant Hazard Potential impounding structures.
$1,000 for Low Hazard Potential impounding structures.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-375 Fee for coverage under the conditional general permit or general permit for low hazard impounding structures

A. The fee for processing registration statements from impounding structure owners seeking to obtain coverage under the general permit for low hazard impounding structures shall be $300.

B. There will be no fee assessed for a low hazard impounding structure exempted from fees pursuant to 4VAC50-20-501.

C. The fee for processing registration statements from impounding structure owners obtaining coverage under the conditional general permit for low hazard impounding structures shall be $200.

D. The board may allow a partial credit towards the general permit fee if the owner of the impounding structure has completed, to the director's satisfaction, the conditions of the conditional general permit prior to its expiration.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-380 Regular Operation and Maintenance Certificate application fees

A. Any application for a six-year Regular Operation and Maintenance Certificate after September 26, 2008, except as otherwise exempted, shall be accompanied by a payment as determined in subsection B of this section.

B. Fees for high hazard potential or significant hazard potential impounding structures shall be as follows:

$600 for high hazard potential.
$600 for significant hazard potential.

C. Fees for extension of Regular Operation and Maintenance Certificates shall be $250 per year or portion of a year.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008; amended, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-390 Conditional Operation and Maintenance Certificate application fees

A. Fees for issuance of a Conditional Operation and Maintenance Certificate shall be as follows:

For a certificate for more than one year but no more than two years: $300.
For a certificate for one year or less: $150.

B. The fee for an extension of a Conditional Operation and Maintenance Certificate shall be $250 per year or portion thereof.

C. The board may allow a partial credit towards the Regular Operation and Maintenance Certificate fee if the owner of the impounding structure has completed, to the director's satisfaction, the conditions of the Conditional Certificate prior to its expiration.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

4VAC50-20-395 Simplified dam break inundation zone analysis fee

Pursuant to authority provided in § 10.1-604.1 A 1 of the Code of Virginia and in accordance with 4VAC50-20-40 C,when the department receives a request from the owner of a dam to conduct a simplified dam break inundation zone analysis, the owner shall submit a fee of $2,000 prior to the department conducting such analysis. The fee shall be submitted in accordance with 4VAC50-20-350 B and C as applicable. The fee shall be deposited into the Dam Safety Administrative Fund to be used to cover the partial cost of such analysis. Once the analysis has commenced, no analysis fee remitted to the department shall be subject to refund.

If the department attains additional efficiencies in its analysis process, the department is authorized to reduce this fee to a level commensurate with the costs.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Historical Notes Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.

4VAC50-20-400 Incremental Damage Analysis review fees

Should the department determine that outside expertise to assist with the review of an incremental damage analysis is necessary, the applicant shall be responsible for the cost of such outside expertise. Such costs shall be agreed upon in advance by the department and the applicant.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 26, 2008.

Part VII General Permit for Low Hazard Potential Impounding Structure Requirements

4VAC50-20-500 Registering for coverage under the general permit

A. Pursuant to § 10.1-605.3 of the Code of Virginia, the owner of a low hazard potential impounding structure shall apply for general permit coverage from the board in accordance with 4VAC50-20-502, except as provided for in 4VAC50-20-501.

B. Holders of a either a regular or conditional Operation and Maintenance Certificate for a low hazard potential impounding structure shall be transitioned to general permit coverage upon the expiration of the certificate. In lieu of a certificate renewal, registration coverage materials pursuant to 4VAC50-20-502 shall be submitted to the department 90 days prior to the expiration of the certificate.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-501 Exemption from general permit requirements for certain low hazard potential impounding structures

A. In accordance with § 10.1-605.3 of the Code of Virginia, should the failure of a low hazard potential impounding structure cause no expected loss of human life and no economic damage to any property except property owned by the impounding structure owner, the owner may choose to meet the following requirements instead of the requirements specified in the general permit for low hazard impounding structures:

A licensed professional engineer certifies that the impounding structure is a low hazard potential impounding structure that will cause no expected loss of human life and no economic damage to any property except property owned by the impounding structure owner;
The owner of an impounding structure shall notify the local emergency management coordinator in the event of a failure or emergency condition at the impounding structure; however, no emergency preparedness plan prepared pursuant to 4VAC50-20-177 shall be required; and
The owner of an impounding structure shall perform inspections of the impounding structure annually in accordance with the requirements of 4VAC50-20-105.

B. No specific spillway design flood is required for a dam that meets the criteria established in subsection A of this section, although the recommended minimum spillway design flood is a 50-year flood.

C. Any owner of an impounding structure electing to utilize the requirements of subsection A of this section shall otherwise comply with all other requirements of this chapter applicable to low hazard impounding structures.

D. The owner shall notify the department immediately of any change in circumstances that would cause the impounding structure to no longer qualify to utilize the provisions of this section.

E. No certificate or permit fee established in this chapter shall be applicable to the impounding structure.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-502 General permit registration statement requirements

A. A complete and accurate registration statement shall be filed by the dam owner in accordance with the requirements of this section prior to the issuance of coverage under the general permit.

B. A complete registration statement shall include the following:

The name and address of the owner;
The location of the impounding structure;
The height of the impounding structure;
The volume of water impounded;
An Emergency Preparedness Plan prepared in accordance with 4VAC50-20-177;
The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607 of the Code of Virginia upon initial application for a permit for any dams that are not currently operating under a Regular or Conditional Operation and Maintenance Certificate. For any dam that is transitioning from a Regular Operation and Maintenance Certificate and has had a safety inspection completed within the last six years, a safety inspection will not be required as part of the general permit registration statement. For any dam that is transitioning from a Conditional Operation and Maintenance Certificate and has had a safety inspection completed within the last two years, a safety inspection will not be required as part of the general permit registration statement.
The applicable fee for the processing of registration statements as set out in 4VAC50-20-375; and
A certification from the owner that the impounding structure (i) is classified as low hazard potential pursuant to a determination by the department or the owner's professional engineer in accordance with § 10.1-604.1 of the Code of Virginia and this chapter; (ii) is, to the best of the owner's knowledge, properly and safely constructed ; (iii) currently has no observable deficiencies or if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable to the department; and iv shall be maintained and operated in accordance with the provisions of the general permit.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-503 General permit requirements for low hazard potential impounding structures

Any impounding structure owner whose registration statement is approved by the board will receive the following permit and shall comply with the requirements in it.

General Permit No.: Dam Safety 1 Effective Date: (Date of Issuance of Coverage) Expiration Date: (six years following Date of Issuance of Coverage) GENERAL PERMIT FOR OPERATION OF A LOW HAZARD POTENTIAL IMPOUNDING STRUCTURE

In compliance with the provisions of the Dam Safety Act and attendant regulations, owners of an impounding structure covered by this permit are authorized to operate and maintain a low hazard potential impounding structure. The owner shall be subject to the following requirements as set forth in this general permit.

The spillway design of the owner's impounding structure shall be able to safely pass a 100-year flood. When no critical infrastructure, as defined in § 44.146.28:2 of the Code of Virginia, public highway, or any access to a public utility, as defined in § 56-232 of the Code of Virginia, is determined to be within the dam break inundation zone, the spillway design flood requirement may be further reduced to the 50-year flood if approved by the department.
The owner shall develop and maintain an Emergency Preparedness Plan in accordance with 4VAC50-20-177. The owner shall update and resubmit the Emergency Preparedness Plan immediately upon becoming aware of necessary changes to keep the plan workable.
The owner shall perform an annual inspection of the impounding structure. The owner shall maintain such records and make them available to the department upon request. The department also shall conduct inspections as necessary in accordance with 4VAC50-20-180.
The owner shall ensure that the impounding structure is properly and safely maintained and operated and shall have the following documents available for inspection upon request of the department:

a. An operating plan and schedule, including narrative on the operation of control gates and spillways and the impoundment drain;

b. For earthen embankment impounding structures, a maintenance plan and schedule for the embankment, principal spillway, emergency spillway, low-level outlet, impoundment area, downstream channel, and staff gages; and

c. For concrete impounding structures, a maintenance plan and schedule for the upstream face, downstream face, crest of dam, galleries, tunnels, abutments, spillways, gates and outlets, and staff gages.

The owner shall not permit growth of trees and other woody vegetation and shall remove any such vegetation from the slopes and crest of embankments and the emergency spillway area, and within a distance of 25 feet from the toe of the embankment and abutments of the dam.
The owner shall notify the department immediately of any change in circumstances that would cause the impounding structure to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure of the impounding structure, the owner shall immediately notify the local emergency management coordinator, the Virginia Department of Emergency Management, and the department. The department shall take actions in accordance with § 10.1-608 or 10.1-609 of the Code of Virginia, depending on the degree of hazard and the imminence of failure caused by the unsafe condition.
In order to qualify for the protections established in § 10.1-606.3 of the Code of Virginia, the owner shall file a dam break inundation zone map developed in accordance with 4VAC50-20-54 or provide the limits of the dam break inundation zone in an acceptable electronic format in accordance with 4VAC50-20-54 with the department and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-504 Issuance of general permit for low hazard potential impounding structures

If the general permit registration statement submittal is found to be incomplete, the director shall inform the applicant within 30 days and shall explain what changes are required for an acceptable submission. Within 60 days of receipt of a complete registration statement, the board shall act upon the application. Upon finding that the impounding structure as currently operating is in compliance with this chapter, the board shall issue a general permit for low hazard potential impounding structures. Should the board find that the impounding structure as currently operating is not in compliance with this chapter, the board may deny the permit registration statement or issue a conditional general permit for low hazard potential impounding structures in accordance with 4VAC50-20-505.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-505 Conditional general permit for low hazard potential impounding structures

A. During the review of any general permit for low hazard potential impounding structures issued in accordance with 4VAC50-20-502, should the director determine that the impounding structure has nonimminent deficiencies, the director may recommend that the board issue a conditional general permit for low hazard potential impounding structures.

B. Notwithstanding the provisions of 4VAC50-20-503, the conditional general permit for low hazard potential impounding structures shall be for a maximum term of two years. This permit will allow the owner to continue normal operation and maintenance of the impounding structure and shall require that the owner correct the deficiencies on a schedule approved by the board.

C. A conditional general permit for low hazard potential impounding structures may be extended provided that the owner submits a written request justifying an extension, the amount of time needed to comply with the requirements set out in the current conditional permit for low hazard potential impounding structures, and any required fees. The owner must have demonstrated substantial and continual progress toward meeting the requirements of the conditional permit for low hazard potential impounding structures in order to receive an extension.

D. Once the deficiencies are corrected, the board shall issue a general permit for low hazard potential impounding structures when the impounding structure meets the requirements of 4VAC50-20-502.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-506 Reapplying for general permit coverage for low hazard potential impounding structures

A. Provided that an impounding structure's hazard potential classification does not change, an owner's coverage under the general permit shall be for a six-year term, after which time the owner shall reapply for coverage by filing a new registration statement and paying the necessary fee.

B. No less than 90 days prior to the expiration of the general permit, the owner shall submit a complete registration statement as established in 4VAC50-20-502.

C. No inspection of the impounding structure by a licensed professional engineer shall be required if the owner certifies at the time of general permit coverage renewal that conditions at the impounding structure and downstream are unchanged.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-507 Enforcement of general permit requirements for low hazard potential impounding structures

Failure to comply with the provisions of the general permit issued in accordance with 4VAC50-20-503 or the provisions of a conditional general permit issued in accordance with 4VAC50-20-505 may result in enforcement actions pursued in accordance with the Dam Safety Act, including penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1 of the Code of Virginia.

History

Statutory Authority: § 10.1-605.3 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

4VAC50-20-508 Transfer of permits

A. Prior to the transfer of ownership of a permitted impounding structure, the permittee shall notify the director in writing, and the new owner shall file a transfer notification with the department. A form for the transfer notification is available from the department. The new owner shall amend the existing permit application as necessary and shall certify to the director that the new owner is aware of and will comply with all of the requirements and conditions of the permit.

B. The transfer notification shall include the following required information:

Project information, including the name and inventory number of the structure and name of the reservoir;
Location of the impounding structure, including the city or county and the latitude and longitude;
Effective date and expiration date of the permit to be transferred;
Past owner's name, mailing address, and residential and business telephone numbers;
New owner's name, mailing address, and residential and business telephone numbers;
Request to transfer certification statement signed and dated by the past owner;
Certification of compliance with the permit terms and conditions signed and dated by the new owner; and
Contact information updates for the new owner, including name, mailing address, and residential and business telephone numbers.

History

Statutory Authority: § 10.1-605 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 9, eff. January 14, 2026.