Chapter 130. Coal Surface Mining Reclamation Regulations

(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 (§…

(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 Saturda…

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 regula…

(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…

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…

(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 con…

(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 ext…

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…

(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…

(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 pr…

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 in…

(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 calculate…

(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…

(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 shal…

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 begin…

(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 o…

(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 u…

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. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 7…

(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) 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 submitte…

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. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 …

(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 …

(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, operat…

(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…

(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 …

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 descr…

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. Sta…

(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 …

(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 subj…

(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 t…

(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 …

(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…

(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) Exe…

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 Fede…

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 Nati…

(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 distu…

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 with…

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 wheth…

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.Statutory Authori…

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 …

(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 (…

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 opera…

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 appl…

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. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 ac…