Chapter 130. Coal Surface Mining Reclamation Regulations

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 requi…

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. Statutory Authority§§ 45…

(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…

Notwithstanding cross-references in other Parts which may be otherwise construed, Part 772 establishes the notice and permit information requirements for coal exploration. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 o…

(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 su…

(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 swe…

(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 thickn…

(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 th…

(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…

(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 mate…

(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…

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…

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 st…

(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 va…

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 pre…

(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…

(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 faciliti…

(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 …

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 i…

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,…

(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 f…

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 pr…

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,…

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 p…

(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, maintaine…

(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…

(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 replacem…

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…

(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 d…

(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 mo…

(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)…

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 enlarge…

(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, Oc…

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 pe…

(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…

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 mi…

(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 schedul…

(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 …

(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 nec…

(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…

(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 per…

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 blas…

(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 m…

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 proper…

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 exc…

(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…