Virginia Administrative Code

It shall be unlawful for any person to harvest fish for commercial purposes by any method of spear fishing. Statutory Authority§§ 28.2-201 and 28.2-204.1 of the Code of Virginia.

As set forth in § 28.2-903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 months of a prior violatio…

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The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Accurate map or plat" means a map or plat drawn of a scale of between one inch equals 100 feet (1:1,200) and one inch equals 400 feet (1:4,8…

Any person aggrieved by the chief's action either in fixing or approving the location of a vertical ventilation hole, or in issuing or refusing to issue a drilling permit, shall have the right to request a review of the chief's action by the circuit court pursuant to Article 4 (§…

A. Water-protection string. 1. Except as provided in subdivision 5 of this subsection, the permittee shall set a water-protection string to a point at least 300 feet below the surface or 50 feet below the deepest known groundwater horizon, whichever is deeper, circulated and ceme…

A. All vertical ventilation holes shall be drilled with due diligence to maintain, within reason, a vertical hole bore. B. The permittee shall use an inclination survey on any vertical ventilation hole that penetrates a minable coal seam. The inclination survey shall be conducted…

A. Prior to drilling any vertical ventilation hole into a minable coal seam being actively mined within 500 feet of where the hole will penetrate the seam, the permittee shall conduct an inclination survey to determine whether the deviation of the hole exceeds one degree from tru…

Within 30 days after the date that drilling is completed on a vertical ventilation hole, the operator of the hole shall file with the chief a drilling report on a form prescribed by the chief, an accurate map or plat showing the actual surface location of the hole, a drillers log…

A. Before removing any coal or other mineral, or extending any mine workings or operations within 500 horizontal feet of any permitted or pending vertical ventilation hole or gas well, the mine operator shall give notice by certified mail to the vertical ventilation hole operator…

A. A mine operator shall submit a plan to the chief for approval to conduct mining operations within 200 feet (horizontally or vertically) of any permitted or pending vertical ventilation hole or gas well or to conduct surface mining operations within 200 feet of pipelines. B. Th…

A. When mining using an underground, auger or highwall mining method within 200 horizontal feet of a vertical ventilation hole or a gas well, the mine operator shall submit a plan showing the projected pillars of coal to be left unmined around each hole or well. B. Pillars shall …

A. A mine operator shall submit an application for a permit to mine through or within 200 feet of either a plugged vertical ventilation hole or plugged gas well. B. The plan shall comply with requirements developed by the chief. It shall be accompanied by an accurate map or plat …

Mining through vertical ventilation holes, coalbed methane wells, or gas wells intended to degas the seam being mined shall comply with safe mining procedures which have been incorporated in the approved Bleeder Plan required by § 45.2-837 of the Coal Mine Safety Act.Statutory Au…

A. Before drilling a vertical ventilation hole on any tract of land, the mine operator shall file with the chief, together with the application required, an accurate map or plat. It shall show: 1. The proposed or actual horizontal location of the vertical ventilation hole shown i…

A. Permit requirements; variances. 1. Plugging operations shall not commence until a detailed plugging plan has been submitted to and approved by the chief. A permit modification is required if the vertical ventilation hole was not previously permitted for plugging. 2. Any person…

A. Plugged holes shall be permanently marked in a manner as follows: 1. The marker shall extend not less than 30 inches above the surface and enough below the surface to make the marker permanent. 2. The marker shall indicate the permittee's name, the hole name, the hole number a…

Annually by July 1, the vertical ventilation hole operator shall submit to the chief a status report of all permitted holes. When it is determined by the chief that a vertical ventilation hole is no longer used for the purpose for which it was permitted, the hole shall be plugged…

A. When an application to drill a vertical ventilation hole has been submitted and notice has been given as required in 4VAC25-101-20, all interested persons who are owners, lessees, or operators of any coal seams located above the seam from which methane gas is to be removed may…

If the drilling of a vertical ventilation hole has not commenced within two years of the date of the issuance of the permit, the permit shall expire. Statutory Authority§§ 45.1-161.3, 45.1-161.106, 45.1-161.121, 45.1-161.254 and 45.1-161.292 of the Code of Virginia.

A. Nothing in this chapter shall prevent the operator of a permitted coalbed methane gas well from venting methane from the well in accordance with the requirements of the Virginia Gas and Oil Act, Chapter 16 ( § 45.2-1600 et seq.) of Title 45.2 of the Code of Virginia and the Vi…

A. The chief shall issue a permit when the following criteria have been met: 1. An application for a permit to drill and operate has been received, accompanied by a an accurate map or plat showing the proposed location of the hole and other required information; 2. No objection t…

A. If an objection is filed by any person notified under 4VAC25-101-20 or as provided in 4VAC25-101-160 and 4VAC25-101-180 the chief shall: 1. Notify the applicant of the source and nature of the objection; and 2. Schedule a hearing for not less than 20 nor more than 30 days afte…

A. Should the requested location for a vertical ventilation hole allow it to penetrate a minable coal seam or inactive mine, the chief shall, if necessary for safety purposes, alter the location of the hole for fixing it on a tract of land as near to the requested location as pos…

A. A permanent record of each of the following items will be kept by the Division of Mines: 1. The application; 2. A plat or map; 3. The notice; 4. Drillers report (drillers log, final plat or map, and the results of any log or survey required); 5. Plugging affidavit; 6. The name…

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Energy. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administ…

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action. B. The agency may conduct one or more public hearings during the comment period following t…

A. The agency shall conduct a periodic review of its regulations consistent with: 1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity,…

For appeals of regulatory or case decisions, pursuant to Rule 2A:2 of the Rules of the Supreme Court of Virginia, the agency herein names individuals to perform the function of agency secretary. 1. For appeals relating to Chapter 5 (§ 45.2-500 et seq.), 7 (§ 45.2-700 et seq.), 8 …

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. "Agency" means the Department of Ener…

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency. B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency.…

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 4VAC25-11-30, the agency shall send the following information: 1. A notice of intended regulatory action (NOIRA). 2. A notice of the comment period on a proposed, a …

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on…

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action. B. A petition shall include but is not limited to the following information: 1. The petitioner's name and contact information; 2. The substance and purpose of…

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in work…

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial. B. An NRP that has been appointed by the agency may be dissolved by the agency when: 1. There is no longer controversy associated with the development of the regu…

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § …

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Actual distance" means the distance in feet from the blast location to the nearest dwelling house, public building, school, church, or comme…