Virginia Administrative Code

(a) Sampling and analysis. 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 reference, o…

(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 …

(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 …

Each application shall contain descriptions, including appropriate maps and cross-section drawings, of the proposed disposal methods and sites for placing underground development waste and excess spoil generated at surface areas affected by surface operations and facilities, acco…

(a) Presubsidence survey. Each application must include: (1) A map of the permit and adjacent areas at a scale of 1:12,000, or larger if determined necessary by the division, showing the location and type of structures and renewable resource lands that subsidence may materially d…

(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) General. Each application shall include geologic information in sufficient detail to assist in- (1) Determining 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 exte…

Each application shall contain maps and plans as follows: (a) The maps, plans and cross sections shall show the land proposed to be affected throughout the operation, the underground mining activities to be conducted, and any change in a facility or feature to be caused by the pr…

(a) Plans and drawings. Each applicant for an underground 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) Inc…

(a) Each plan shall describe the design, operation and maintenance of any proposed coal processing waste disposal facility, including flow diagrams and any other necessary drawings and maps, for the approval of the division and the Mine Safety and Health Administration under 4VAC…

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 4VAC25-130-817.43. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the C…

Each applicant for an underground 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 sec…

(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…

These requirements are in addition to the general permit requirements contained in this Subchapter VG. All of the provisions of Subchapter VG apply to these operations, unless otherwise specifically provided in this Part. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code …

(a) Experimental practices provide a variance from environmental protection performance standards of the Act, of Subchapter VK, and the regulatory program for experimental or research purposes, or to allow an alternative postmining land use, and may be undertaken if they are appr…

(a) This section applies to any person who conducts or intends to conduct surface mining activities by mountaintop removal mining. (b) Mountaintop removal mining means surface mining activities, where the mining operation removes an entire coal seam or seams running throughout th…

(a) This section applies to any person who conducts or intends to conduct steep slope surface coal mining and reclamation operations, except: (1) Where a permittee proposes to conduct surface coal mining and reclamation operations on flat or gently rolling terrain, leaving a plai…

(a) The division may issue a permit for nonmountaintop removal, steep slope mining which includes a variance from the requirements of 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and 4VAC25-130-816.107 or 4VAC25-130-817.102 and 4VAC25-130-817.107 to restore the dis…

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations on prime farmlands historically used for cropland. This section does not apply to: (1) Lands on which surface coal mining and reclamation operations are conduc…

(a) Scope. This section shall apply to any person or persons conducting or intending to conduct combined surface and underground mining activities where a variance is requested from the contemporaneous reclamation requirements of 4VAC25-130-816.100. (b) Application contents for v…

(a) Scope. (1) This section specifies procedures and rules applicable to those who seek authorization to conduct surface coal mining activities on previously mined areas which have been previously affected by mining activities and where there exists continuing water pollution. Re…

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing augering operations. (b) Any application for a permit for operations covered by this section shall contain, in the mining and reclamation plan, a des…

(a) This section applies to any person who operates or intends to operate a coal preparation plant in connection with a coal mine but outside the permit area for a specific mine. Any person who operates such a preparation plant shall obtain a permit from the division in accordanc…

(a) This section applies to any person who conducts or intends to conduct surface coal mining and reclamation operations utilizing in situ processing activities. (b) Any application for a permit for operations covered by this section shall be made according to all requirements of…

(a) This section contains permitting requirements to implement 4VAC25-130-773.15(b)(4). Any person who submits a permit application to conduct a surface coal mining operation on lands eligible for remining must comply with this section. (b) Any application for a permit under this…

(a) Any person may file a petition for award of costs and expenses including attorneys' fees reasonably incurred as a result of that person's participation in any administrative proceeding under the Act which results in-- (1) A final order being issued by a Hearing Officer, or (2…

(a) Any person may petition for leave to intervene at any stage of an administrative proceeding under the Act. (b) A petitioner for leave to intervene shall incorporate in the petition a statement setting forth the interest of the petitioner and, where required, a showing of why …

Section 45.2-1022 of the Act authorizes the commencement of civil actions by persons having an interest which is or may be adversely affected, in order to compel compliance with provisions of the Act. The purpose of this Part is to prescribe procedures governing the giving of not…

(a) Notice to the Director. Service of notice given to the Director of an alleged violation or of an alleged failure of the Director to perform any act or duty under the Act which is not discretionary with the Director shall be accomplished by registered or certified mail address…

(a) Failure to act. Notice regarding a failure of the Director to perform an act or duty which is not discretionary shall contain the following: (1) A description of the person's interest which is or may be adversely affected; (2) The provisions of the Act which require such act …

This Part comprises the Small Operator Assistance Program (SOAP) and establishes the procedures for providing assistance to eligible operators by the division. It is an elective means for the division to satisfy the requirements of § 45.2-1010 of the Act. The purpose of the progr…

(a) Basic qualifications. To be designated a qualified laboratory under the Virginia Small Operator Assistance Program, a firm shall demonstrate that it— (1) Is staffed with experienced, professional or technical personnel in the fields applicable to the work to be performed; (2)…

(a) Use of funds. Funds specifically authorized for this program shall be used to provide the services specified in 4VAC25-130-795.9 and shall not be used to cover administrative expenses. (b) Allocation of funds. The division shall establish a formula for allocating funds to pro…

(a) The coal operator who has received assistance pursuant to 4VAC25-130-795.9 shall reimburse the division for the cost of the services rendered if: (1) The applicant submits false information, fails to submit a permit application within one year from the date of receipt of the …

(a) An applicant is eligible for assistance if the applicant— (1) Intends to apply for a permit pursuant to the Act; (2) Establishes that his probable total attributed annual production from all locations on which the operator is issued the surface coal mining permit will not exc…

Each application for assistance shall include the following information: (a) A statement of applicant's intent to file a permit application. (b) The names and addresses of— (1) The permit applicant; and (2) The operator if different from the applicant. (c) A schedule of the estim…

(a) If the division finds the applicant eligible, the division shall inform the applicant in writing that the application is approved. (b) If the division finds the applicant ineligible, the division shall inform the applicant in writing that the application is denied and shall s…

(a) To the extent possible with available funds, the division shall select and pay a qualified laboratory to make the determination and statement and provide other services referenced in paragraph (b) of this section for eligible applicants who request assistance. (b) The divisio…

(a) After a permit application under Subchapter VG has been approved, but before the permit is issued, the applicant shall file with the division, on a form prescribed and furnished by the division, a bond or bonds for performance made payable to the division and conditioned upon…

The division shall prescribe the form of the performance bond and may allow: (a) A surety bond; (b) A collateral bond; (c) An escrow account; or (d) A combined surety/escrow account; (e) A combination of any of the bonding methods listed in (a) through (d); or (f) A self bond in …

(a) Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the permittee's period of extended responsibility for successful revegetation provided in 4VAC25-130-816.116 or 4VAC25-130-817.1…

(a) The amount of the bond required for each bonded area shall: (1) Be determined by the division; (2) Depend upon the requirements of the approved permit and reclamation plan; (3) Reflect the probable difficulty of reclamation, giving consideration to such factors as topography,…

(a) The amount of the bond or deposit required and the terms of the acceptance of the applicant's bond shall be adjusted by the division from time to time as the area requiring bond coverage is increased or decreased or where the cost of future reclamation changes. The division m…

(a) The performance bond shall be in an amount determined by the division as provided in 4VAC25-130-800.14 or Part 801. (b) The performance bond shall be payable to the Commonwealth of Virginia, Director-Division of Mined Land Repurposing. (c) The performance bond shall be condit…

(a) Responsibilities. The division shall require bond coverage, in an amount determined under 4VAC25-130-800.14 or Part 801, for long-term surface facilities and structures, and for areas disturbed by surface impacts incident to underground mines, for which a permit is required. …