Virginia Administrative Code

(a) The division may accept a combined surety/escrow bonding schedule provided that: (1) A surety bond payable to the division is posted in the amount determined under 4VAC25-130-800.14 or 4VAC25-130-801.12 for reclamation of each successive increment, and (2) An interest-bearing…

(a) The division may allow a permittee to replace existing bonds with other bonds that provide equivalent coverage. (b) The division shall not release existing performance bonds until the permittee has submitted, and the division has approved, acceptable replacement performance b…

(a) Bond release application. (1) The permittee may file an application with the division for the release of all or part of a performance bond. Applications may be filed only at times or during seasons authorized by the division in order to properly evaluate the completed reclama…

(a) If the permittee refuses or is unable to conduct reclamation of an unabated violation, fails to comply with the terms of the permit, or defaults on the conditions under which the bond was accepted, the division shall take the following action to forfeit all or part of a bond …

(a) The permittee or surety, if applicable, may request, in writing, a hearing on the division's determination to forfeit the performance bond within 30 days of receipt of the written determination from the division. (b) A request for hearing shall not operate as a stay of the bo…

(a) Any person who owns or controls or has owned or controlled any operation on which the bond has been forfeited or the permit revoked pursuant to this chapter or pursuant to Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia and who has not previously been r…

(a) The division shall require the applicant to submit prior to permit issuance a certificate issued by an insurance company licensed to do business in the Commonwealth certifying that the applicant has a public liability insurance policy in force for the surface coal mining and …

(a) Participation in the Pool Bond Fund shall be at the option of any applicant for a permit under the Act and the regulations promulgated thereunder who can demonstrate to the division's satisfaction at least a consecutive three-year history of compliance under the Act or any ot…

(a) An applicant filing a permit application for coal surface mining operations and electing to participate in the Pool Bond Fund shall prior to permit issuance pay into the Pool Bond Fund an entrance fee for the applicable permit application. An entrance fee of $5,000 shall be r…

(a) The division may accept a self-bond from the applicant of a proposed underground mining operation. (1) The applicant shall designate the: (i) Name and address of a suitable agent to receive service of process in the Commonwealth. (ii) Name and address of the certified public …

(a) If at the end of any calendar quarter the total balance of the Pool Bond Fund, including interest thereon, is less than $1,750,000, the tax shall be initiated. All permittees participating in the Pool Bond Fund shall pay within 30 days after the end of each taxable calendar q…

(a) The division shall notify, in writing, each permittee participating in the Pool Bond Fund, at the end of each calendar quarter, of those periods during which the reclamation taxes are applicable or deferred. The permittee shall on a quarterly basis file a notarized copy of th…

(a) A permittee who has defaulted on any reclamation obligation and has thereby caused the Pool Bond Fund to incur reclamation expenses as a result thereof, shall not be eligible to participate in the Pool Bond Fund for any new permit or any permit renewal thereafter until full r…

The permittee participating in the Pool Bond Fund, or any person authorized to act upon his behalf, may file an application with the division for the Phase I, II or III release of the bond furnished in accordance with 4VAC25-130-801.12 (b) for the permit area or any applicable in…

(a) The division shall release bond furnished in accordance with §§ 45.2-1016 and 45.2-1043 of the Virginia Coal Surface Mining Control and Reclamation Act through the standards specified at 4VAC25-130-800.40 upon receipt of an application for Phase I, II or III release. (b) The …

In the event of bond forfeiture pursuant to 4VAC25-130-800.50, the bond submitted in accordance with 4VAC25-130-801.12(b) shall: (a) Be utilized by the division in performing the necessary reclamation work before any monies are utilized from the Pool Bond Fund; however, (b) If an…

The regulations of this Part establish the procedures and requirements for an alternative bonding system through which the division will implement and administer the Coal Surface Mining Reclamation Fund (Pool Bond Fund) as established under Article 5 ( § 45.2-1043 et seq.) of Cha…

The objective of this Part is to set forth the requirements and procedures that a participating applicant must comply with in order to be relieved of the bonding requirements of 4VAC25-130-800.14 and 4VAC25-130-800.17. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of …

This Part sets forth performance standards required for coal exploration which substantially disturbs the natural land surface. If necessary to provide adequate environmental protection or comply with the standards of this chapter, coal exploration operations may be further requi…

Each person who conducts coal exploration shall, while in the exploration area, have available a copy of the filed notice of intention to explore or a copy of the exploration permit for review by the authorized representative of the division upon request. Statutory Authority§§ 45…

(a) Habitats of unique or unusually high value for fish, wildlife, and other related environmental values and critical habitats of threatened or endangered species identified pursuant to the Endangered Species Act of 1973 (16 USC § 1531 et seq.) shall not be disturbed during coal…

Notwithstanding cross-references in other Parts which may be otherwise construed, Part 772 establishes the notice and permit information requirements for coal exploration. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(a) General. Reclamation efforts, including but not limited to backfilling, grading, topsoil replacement, and revegetation, on all land that is disturbed by surface mining activities shall occur as contemporaneously as practicable with mining operations, except when such mining o…

(a) Disturbed areas shall be backfilled and graded to: (1) Achieve the approximate original contour, except as provided in subsection (k) of this section; (2) Eliminate all highwalls, spoil piles, and depressions, except as provided in subsection (h) (small depressions) and in su…

(a) Thin overburden exists when spoil and other waste materials available from the entire permit area is insufficient to restore the disturbed area to its approximate original contour. Insufficient spoil and other waste materials occur where the overburden thickness times the swe…

(a) Thick overburden exists when spoil and other waste materials available from the entire permit area is more than sufficient to restore the disturbed area to its approximate original contour. More than sufficient spoil and other waste materials occur where the overburden thickn…

(a) Remining operations on previously mined areas that contain a pre-existing highwall shall comply with the requirements of 4VAC25-130-816.102 through 4VAC25-130-816.107, except as provided in this section. (b) The requirements of 4VAC25-130-816.102(a)(1) and (a)(2) requiring th…

(a) Surface mining activities on steep slopes shall be conducted so as to meet the requirements of 4VAC25-130-816.102 through 4VAC25-130-816.106, and the requirements of this section except where mining is conducted on flatter gently rolling terrain with an occasional steep slope…

(a) Specifications. Signs and markers required under this Part shall— (1) Be posted, maintained, and removed by the person who conducts the surface mining activities; (2) Be of a uniform design throughout the operation that can be easily seen and read; (3) Be made of durable mate…

(a) The permittee shall establish on regraded areas and on all other disturbed areas except water areas and surface areas of roads that are approved as part of the postmining land use, a vegetative cover that is in accordance with the approved permit and reclamation plan and that…

Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected. When…

Suitable mulch or other soil stabilizing practices shall be used on all areas that have been been regraded and covered by topsoil or topsoil substitutes. The division may waive this requirement if seasonal, soil, or slope factors result in a condition where mulch or other soil st…

(a) Success of revegetation shall be judged on the effectiveness of the vegetation for the approved postmining land use, the extent of cover compared to the cover occurring in natural vegetation of the area, and the general requirements of 4VAC25-130-816.111. (1) Statistically va…

Each exploration hole, other drill or borehole, well, or other exposed underground opening shall be cased, sealed, or otherwise managed, as approved by the division, to prevent acid or other toxic drainage from entering ground or surface waters, to minimize disturbance to the pre…

(a) The permittee shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a permittee of his obligation to comply with any provisions…

(a) Persons who cease surface mining activities permanently shall close or backfill or otherwise permanently reclaim all affected areas, in accordance with this chapter and the permit approved by the division. (b) All underground openings, equipment, structures, or other faciliti…

(a) General. All disturbed areas shall be restored in a timely manner to conditions that are capable of supporting- (1) The uses they were capable of supporting before any mining; or (2) Higher or better uses. (b) Determining premining uses of land. The premining uses of land to …

Each exploration hole, other drill or boreholes, wells and other exposed underground openings which have been identified in the approved permit application for use to return coal processing waste or water to underground workings, or to be used to monitor ground water conditions i…

When no longer needed for monitoring or other use approved by the division upon a finding of no adverse environmental or health and safety effect, or unless approved for transfer as a water well under 4VAC25-130-816.41, each exploration hole, other drilled hole or borehole, well,…

(a) Road classification system. (1) Each road, as defined in 4VAC25-130-700.5, shall be classified as either a primary road or an ancillary road. (2) A primary road is any road which is-- (i) Used for transporting coal or spoil; (ii) Frequently used for access or other purposes f…

Primary roads shall meet the requirements of 4VAC25-130-816.150 and the additional requirements of this section. (a) Certification and construction. (1) The construction or reconstruction of primary roads shall be certified in a report to the division by a qualified registered pr…

Where existing roads that are to be used meet the performance standards of 4VAC25-130-816.150 and 4VAC25-130-816.151 or it can be demonstrated that reconstruction to meet the design standards of 4VAC25-130-816.150 and 4VAC25-130-816.151 would result in greater environmental harm,…

All surface coal mining operations shall be conducted in a manner which minimizes damage, destruction, or disruption of services provided by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which p…

(a) Support facilities shall be operated in accordance with a permit issued for the mine or coal preparation operation to which it is incident or from which its operation results. (b) In addition to the other provisions of this Part, support facilities shall be located, maintaine…

(a) Removal. (1)(i) All topsoil shall be removed as a separate layer from the area to be disturbed, and segregated. (ii) Where the topsoil is of insufficient quantity or poor quality for sustaining vegetation, the materials approved by the division in accordance with Paragraph (b…

(a) General. All surface mining and reclamation activities shall be conducted to minimize disturbance of the hydrologic balance within the permit and adjacent areas, to prevent material damage to the hydrologic balance outside the permit area, to assure the protection or replacem…

Discharges of water from areas disturbed by surface mining activities shall be made in compliance with all applicable State and Federal water quality laws, standards and regulations and with the effluent limitations for coal mining promulgated by the U.S. Environmental Protection…