Virginia Administrative Code

(a)(1) General requirements. Under an approved cooperative agreement, Subchapter VL shall govern inspection, enforcement and civil penalty activities by the division with respect to surface coal mining and reclamation operations on Federal lands, while the requirements of 30 CFR …

(a) Operations and reclamation. (1) Surface coal mining and reclamation operations on lands subject to this Part shall be conducted in accordance with Subchapter VK. (2) Surface coal mining and reclamation operations on lands containing leased Federal coal shall also be conducted…

(a) The Secretary is responsible for: (1) Approval, disapproval or conditional approval of mining plans with respect to lands containing leased Federal coal and of modifications thereto, in accordance with the Mineral Leasing Act of 1920, as amended, 30 USC § 181 et seq.; (2) Exe…

This Part establishes the procedures and standards to be followed in determining whether a proposed surface coal mining and reclamation operation can be authorized in light of the prohibitions and limitations in § 45.2-1028 of the Act for those types of operations on certain Fede…

Subject to valid existing rights, no surface coal mining operations shall be conducted after August 3, 1977, unless those operations existed on the date of enactment: (a) On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the Nati…

(a) Upon receipt of a complete application for a surface coal mining and reclamation operation permit, the division shall review the application to determine whether surface coal mining operations are limited or prohibited under 4VAC25-130-761.11 on the lands which would be distu…

The prohibitions and limitations of 4VAC25-130-761.11 do not apply to surface coal mining operations for which a valid permit issued under Subchapter VG of this chapter exists when the land comes under the protection of 4VAC25-130-761.11. This exception applies only to lands with…

A. Basic framework for valid existing rights determinations. 30 CFR 761.16(a) identifies the agency responsible for making a valid existing rights determination and the definition that it must use based upon which subsection of 30 CFR 761.11 or 4VAC25-130-761.11 applies and wheth…

The Director is authorized by § 45.2-1028 of the Act to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, subject to valid existing rights and except for those operations which existed on August 3, 1977.Statutory Authori…

This Part establishes the minimum criteria to be used in determining whether lands should be designated as unsuitable for all or certain types of surface coal mining operations. The Director and the division shall use the criteria in this Part for the evaluation of each petition …

(a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Director determines that reclamation is not technologically and economically feasible under the Act and this chapter. (b) Upon petition, an area may be (…

The requirements of this Part do not apply to: (a) Lands on which surface coal mining operations were being conducted on August 3, 1977; (b) Lands covered by a permit issued under the Act; or (c) Lands where substantial legal and financial commitments in surface coal mining opera…

Designation of any area as unsuitable for all or certain types of surface coal mining operations pursuant to § 45.2-1028 of the Act and this Subchapter does not prohibit coal exploration operations in the area, if conducted in accordance with the Act, this chapter, and other appl…

The Director's decisions concerning unsuitability petitions shall be based upon competent, scientifically sound data and relevant information and shall include the processes and requirements of this Part. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(a) Right to petition. Any person having an interest which is or may be adversely affected has the right to petition the Director to have an area designated as unsuitable for surface coal mining operations, or to have an existing designation terminated. For the purpose of this ac…

(a)(1) Within 60 days of receipt of a petition, the division shall notify the petitioner by certified mail whether the petition is complete under 4VAC25-130-764.13(b) or (c). Complete, for a designation or termination petition, means that the information required under 4VAC25-130…

(a) Within 3 months, but no later than 10 months, following the receipt of a complete petition, the Director shall hold a public hearing in the locality of the area covered by the petition. In cases where a petition is filed prior to the first newspaper notice publication, requir…

(a) In reaching his decision, the Director shall use: (1) The information contained in the data base and inventory system as required by 4VAC25-130-764.21; (2) Information provided by other governmental agencies; (3) The detailed statement when it is prepared under 4VAC25-130-764…

(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…