Chapter 130. Coal Surface Mining Reclamation Regulations

(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, …

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 propo…

(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 …

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

(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 pla…

(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 …

(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 …

(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…

(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 re…

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. Statutory Authority…

(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 …

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 Wildlif…

(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…

(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 rea…

(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 b…

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 a…

(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 s…

(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…

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…

This Part provides requirements for review; revision; renewal; and transfer, assignment, or sale of permit rights. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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 m…

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:InformationWithin 30 days a…

(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 appl…

(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 file…

(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 …

(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 applic…

(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 applic…

This Part provides minimum requirements concerning the general content for permit applications. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(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, refe…

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 inspect…

(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) …

(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 perm…

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 (…

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 distu…

This Part establishes the minimum legal, financial, compliance, and informational requirements for permit applications for surface coal mining and reclamation operations. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

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 numb…

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…

(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 descrip…

(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…

(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…

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

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 …

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 …

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. Statutory Authority§§ 45.1-161.3 and 45.1-230 of t…

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…

(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…

(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. Suff…