Chapter 130. Coal Surface Mining Reclamation Regulations

(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 …

The disposal of spoil under the zoned concept shall meet the requirements of 4VAC25-130-817.71 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 reg…

(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 p…

(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 …

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. (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, t…

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. (a) Coal mine waste shall not be used for construction of impounding stru…

(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 p…

(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 po…

(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 …

(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 threa…

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 re…

This Part sets environmental protection performance standards for surface coal mining and reclamation operations involving auger mining. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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,…

(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 ar…

(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) S…

Auger mining shall be conducted in accordance with the requirements of 4VAC25-130-817.121(a) and (c). Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 pre…

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

This Part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

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 activit…

(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…

(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 …

(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 provis…

(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 car…

(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…

The objectives of this Part are to-- (a) Enhance coal recovery; (b) Reclaim the land to equal or higher postmining use; and (c) Protect and enhance environmental and other values protected under the Act and this chapter. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code o…

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 q…

(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 t…

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

(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, u…

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

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. Statutory Authority§§ 45.1-1…

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 comp…

(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 …

(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 …

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 s…

(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 un…

(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 buil…

(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 inspec…

(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…

(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 a…

(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 v…

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 provide…

(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 vi…

(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 pract…

(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 …

(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,…