Virginia Administrative Code

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…

Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 4VAC25-130-780.18. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Vir…

(Repealed.)

The permit application shall include maps showing- (a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; (b) The boundaries of land within the proposed permit area upon which th…

(a) The application shall include cross sections, maps, and plans showing— (1) Elevations and locations of test borings and core samplings; (2) Elevations and locations of monitoring stations used to gather data for water quality and quantity and fish and wildlife in preparation …

(a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application. (b) It is the responsibility of State and Federal government agencies to provide information for applications as sp…

Each application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the following: (a) A narrative description of the type and method of coal mining procedures and pro…

(a) Each application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the surface coal mining and reclamation operation. The description shall include: (1) Location; (2) Plans of the structure which describe its curren…

(a) Blasting plan. Each application shall contain a blasting plan for the proposed permit area, explaining how the applicant will comply with the requirements of 4VAC25-130-816.61 through 4VAC25-130-816.68. This plan shall include, at a minimum, information setting forth the limi…

Each application shall contain maps and plans as follows: (a) The maps and plans shall show the land proposed to be affected throughout the operation and any change in a facility or feature to be caused by the proposed operations, if the facility or feature was shown under 4VAC25…

(a) Resource information. Each application shall include fish and wildlife resource information for the permit area and adjacent area. (1) The scope and level of detail for such information shall be determined by the division in consultation with State and Federal agencies with r…

(a) Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with § 45.2-1017 of the Act, Subchapter VK, and the environmental protection performance standards of the regulatory program. The plan sha…

(a) Sampling and analysis methodology. All water-quality analyses performed to meet the requirements of this section shall be conducted according to the methodology in the current edition of "Standard Methods for the Examination of Water and Wastewater," which is incorporated by …

(a) General. Each application shall include geologic information in sufficient detail to assist in determining-- (1) The probable hydrologic consequences of the operation upon the quality and quantity of surface and ground-water in the permit and adjacent areas, including the ext…

(a) The plan shall contain a statement of the condition, capability, and productivity of the land within the proposed permit area; including: (1) A map and supporting narrative of the uses of the land existing at the time of the filing of the application. If the premining use of …

(a) General. Each application shall include a general plan and a detailed design plan for each proposed siltation structure, water impoundment, and coal processing waste bank, dam, or embankment within the proposed permit area. (1) Each general plan shall— (i) Be prepared by, or …

For surface mining activities within the proposed permit area to be conducted within 500 feet of an underground mine, the application shall describe the measures to be used to comply with 4VAC25-130-816.79. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

Each application shall contain descriptions, including maps and cross sections, of stream channel diversions and other diversions to be constructed within the proposed permit area to achieve compliance with 4VAC25-130-816.43. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the C…

(a) For any publicly owned parks or any places listed on the National Register of Historic Places that may be adversely affected by the proposed operation, each plan shall describe the measures to be used -- (1) To prevent adverse impacts, or (2) If valid existing rights exist or…

Each application shall describe, with appropriate maps and cross sections, the measures to be used to ensure that the interests of the public and land owners affected are protected, if, under 4VAC25-130-761.12(d), the applicant seeks to have the division approve-- (a) Conducting …

(a) Each application shall contain descriptions, including appropriate maps and cross section drawings of the proposed disposal site and design of the spoil disposal structures according to 4VAC25-130-816.71 through 4VAC25-130-816.75. These plans shall describe the geotechnical i…

(a) Plans and drawings. Each applicant for a surface coal mining and reclamation permit shall submit plans and drawings for each road, as defined in 4VAC25-130-700.5, to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall- (1) Include…

Each applicant for a surface coal mining and reclamation permit shall submit a description, plans, and drawings for each support facility to be constructed, used, or maintained within the proposed permit area. The plans and drawings shall include a map, appropriate cross sections…

(a) It is the responsibility of the applicant to provide to the division all of the information required by this Part, except where specifically exempted in this Part. (b) It is the responsibility of the State and Federal governmental agencies to provide information to the divisi…

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 underground mining activities. Statutory Authority§§ 45.1-161.3 and 45.1-230 …

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 vegetative map is utilized, show the outline of the proposed permit area, and show north point indicator. Suff…

Where the applicant proposes to use selected overburden materials as a supplement or substitute for topsoil, the application shall provide results of the analyses, trials, and tests required under 4VAC25-130-784.13. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Vir…

(a) The application shall contain a statement of the condition, capability, and productivity of the land which will be affected by surface operations and facilities within the proposed permit area, including-- (1) A map and supporting narrative of the uses of the land existing at…

The permit application shall include maps showing-- (a) All boundaries of lands and names of present owners of record of those lands, both surface and subsurface, included in or contiguous to the permit area; (b) The boundaries of land within the proposed permit area upon which t…

(a) The application shall include cross sections, maps, and plans showing— (1) Elevations and locations of test borings and core samplings; (2) Elevations and locations of monitoring stations used to gather data for water quality and quantity and fish and wildlife in preparation …

(a) It is the responsibility of the applicant to provide, except where specifically exempted in this Part, all information required by this Part in the application. (b) It is the responsibility of State and Federal governmental agencies to provide information for applications as …