Chapter 130. Coal Surface Mining Reclamation Regulations

(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 plai…

(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 dis…

(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 conduc…

(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 v…

(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. Re…

(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 des…

(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 accordanc…

(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…

(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…

(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) 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 …

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 not…

(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 address…

(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 …

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 progr…

(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)…

(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 pro…

(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 …

(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 exc…

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 estim…

(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 s…

(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 divisio…

(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 division shall prescribe the form of the performance bond and may allow: (a) A surety bond; (b) A collateral bond; (c) An escrow account; or (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 …

(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 4VAC25-130-817.1…

(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,…

(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 m…

(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 condit…

(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. …

(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 o…

(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 …

(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 acc…

(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…

(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 b…

(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 reclama…

(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 …

(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 bo…

(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 r…

(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 …

(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 ot…

(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 r…

(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 …

(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 q…

(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 th…

(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 r…

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 in…

(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 …