Virginia Administrative Code

Discharges of water from areas disturbed by underground 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 Protec…

(a) General requirements. (1) With the approval of the division, any flow from mined areas abandoned before May 3, 1978, and any flow from undisturbed areas or reclaimed areas, after meeting the criteria of 4VAC25-130-817.46 for siltation structure removal, may be diverted from d…

(a) Appropriate sediment control measures shall be designed, constructed, and maintained using the best technology currently available to: (1) Prevent, to the extent possible, additional contributions of sediment to stream flow or to runoff outside the permit area; (2) Meet the m…

(a) For the purposes of this section only "disturbed area" shall not include those areas— (1) In which the only underground mining activities include diversion ditches, siltation structures, or roads that are designed, constructed and maintained in accordance with this Part; and …

Discharge from sedimentation ponds, permanent and temporary impoundments, coal processing waste dams and embankments, and diversions shall be controlled, by energy dissipators, riprap channels, and other devices, where necessary, to reduce erosion, to prevent deepening or enlarge…

(a) General requirements. The requirements of this subsection apply to both temporary and permanent impoundments. (1) Impoundments meeting the Class B or C criteria for dams in the U.S. Department of Agriculture, Soil Conservation Service Technical Release No. 60 (210-VI-TR60, Oc…

Before abandoning a permit area or seeking bond release, the permittee shall ensure that all temporary structures are removed and reclaimed, and that all permanent sedimentation ponds, diversions, impoundments, and treatment facilities meet the requirements of this chapter for pe…

(a) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by underground mining activities, unless the division specifically authorizes underground mining activities closer to, or through, such a stream. The division may authorize such activit…

Underground mining activities shall be conducted so as to maximize the utilization and conservation of the coal, while utilizing the best technology currently available to maintain environmental integrity, so that reaffecting the land in the future through surface coal mining ope…

(a) Applicability. 4VAC25-130-817.61 through 4VAC25-130-817.68 apply to surface blasting activities incident to underground coal mining, including, but not limited to, initial rounds of slopes and shafts. (b) Compliance with other laws. Each permittee shall comply with all applic…

(a) At least 30 days before initiation of blasting, the permittee shall notify, in writing, all residents or owners of dwellings or other structures located within 1/2 mile of the permit area how to request a preblasting survey. (b) A resident or owner of a dwelling or structure …

(a) The permittee shall notify, in writing, residents within 1/2 mile of the blasting site and local governments of the proposed times and locations of blasting operations. Such notice of times that blasting is to be conducted may be announced weekly, but in no case less than 24 …

(a) Blasting signs. Blasting signs shall meet the specifications of 4VAC25-130-817.11. (b) Warnings. Warning and all-clear signals of different character or pattern that are audible within a range of ½ mile from the point of the blast shall be given. Each person within the permit…

(a) General requirements. Blasting shall be conducted to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, and change in the course, channel, or availability of surface or ground water outside the per…

The permittee shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be made available to the division and to the public for inspection. Such records shall contain the following data: (a) Name of the permittee conducting the blast. (…

(a) General. Excess spoil shall be placed in designated disposal areas within the permit area, in a controlled manner to- (1) Minimize the adverse effects of leachate and surface water runoff from the fill on surface and ground waters; (2) Ensure mass stability and prevent mass m…

Valley fills and head-of-hollow fills shall meet the requirements of 4VAC25-130-817.71 and the additional requirements of this section. (a) Drainage control. (1) The top surface of the completed fill shall be graded such that the final slope after settlement will be toward proper…

The division may approve the alternative method of disposal of excess durable rock spoil by gravity placement in single or multiple lifts, provided the following conditions are met: (a) Except as provided in this section, the requirements of 4VAC25-130-817.71 are met. (b) The exc…

(a) The division may approve the disposal of excess spoil through placement on preexisting benches if the affected portion of the preexisting bench is permitted and the standards set forth in 4VAC25-130-817.102(c), (e) through (h) and (j) and the requirements of this section are …

The disposal of spoil under the zoned concept shall meet the requirements of 4VAC25-130-817.71 and the additional requirements of this section. (a) The fill and appurtenant structures shall be designed using current, prudent engineering practices, and certified by a qualified reg…

(a) The division, where environmental benefits will occur, may approve placement of spoil not needed to restore the approximate original contour of the land and reclaim land within the permit area in a manner consistent with the Act and this chapter on: (1) Another area under a p…

(a) General. All coal mine waste disposed of in an area other than the mine workings or excavations shall be placed in new or existing disposal areas within a permit area, which are approved by the division for this purpose. Coal mine waste shall be hauled or conveyed and placed …

Refuse piles shall meet the requirements of 4VAC25-130-817.81, the additional requirements of this section, and the requirements of 30 CFR 77.214 and 77.215. (a) Drainage control. (1) If the disposal area contains springs, natural or manmade water courses, or wet weather seeps, t…

New and existing impounding structures constructed of coal mine waste or intended to impound coal mine waste shall meet the requirements of 4VAC25-130-817.81 and the additional requirements of this section. (a) Coal mine waste shall not be used for construction of impounding stru…

(a) Coal mine waste fires shall be extinguished by the person who conducts the surface mining activities, in accordance with a plan approved by the division and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only those p…

(a) Noncoal mine wastes including, but not limited to grease, lubricants, paints, flammable liquids, garbage, abandoned mining machinery, lumber and other combustible materials generated during mining activities shall be placed and stored in a controlled manner in a designated po…

(a) All exposed surface areas shall be protected and stabilized to effectively control erosion and air pollution attendant to erosion. (b) Rills and gullies which form in areas that have been regraded and topsoiled and which either (1) disrupt the approved postmining land use or …

(a) The permittee shall, to the extent possible using the best technology currently available, minimize disturbances and adverse impacts on fish, wildlife, and related environmental values and shall achieve enhancement of such resources where practicable. (b) Endangered and threa…

At any time a slide occurs which may have a potential adverse effect on public property, health, safety, or the environment, the person who conducts the underground mining activities shall notify the division by the fastest available means and comply with any remedial measures re…

This Part sets environmental protection performance standards for surface coal mining and reclamation operations involving auger mining. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(a) Auger mining operations shall be conducted in accordance with the requirements of Part 816, except as provided in this Part. (b) The division may prohibit auger mining, if necessary to-- (1) Maximize the utilization, recoverability, or conservation of the solid-fuel resource,…

(a) Auger mining shall be conducted so as to maximize the utilization and conservation of the coal in accordance with 4VAC25-130-816.59. (b) Auger mining shall be planned and conducted to maximize recoverability of mineral reserves remaining after the operation and reclamation ar…

(a) Auger mining shall be planned and conducted to minimize disturbances of the prevailing hydrologic balance in accordance with the requirements of 4VAC25-130-816.41 and 4VAC25-130-816.42. (b) All auger holes, except as provided in Paragraph (c) of this section, shall be-- (1) S…

Auger mining shall be conducted in accordance with the requirements of 4VAC25-130-817.121(a) and (c). Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

(a) General. Auger mining shall be conducted in accordance with the backfilling and grading requirements of 4VAC25-130-816.102 and 4VAC25-130-816.104 through 4VAC25-130-816.107 and the additional requirements of this section. (b) Remining. Where auger mining operations affect pre…

Auger holes shall not extend closer than 500 feet (measured horizontally) to any abandoned or active underground mine workings, except as approved in accordance with 4VAC25-130-816.79. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

This Part sets forth special environmental protection performance, reclamation, and design standards for surface coal mining and reclamation operations on prime farmland. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

The requirements of this Part shall not apply to: (a) Surface facilities of underground mines that are actively used over extended periods of time and where such uses affect a minimal amount of land. Such uses shall meet the requirements of Part 817 for underground mining activit…

(a) Prime farmland soils shall be removed from the areas to be disturbed before drilling, blasting, or mining. (b) The minimum depth of soil and soil materials to be removed and stored for use in the reconstruction of prime farmland shall be sufficient to meet the requirements of…

(a) Soil reconstruction specifications established by the U. S. Natural Resources Conservation Service shall be based upon the standards of the National Cooperative Soil Survey and shall include, as a minimum, physical and chemical characteristics of reconstructed soils and soil …

(a) Following prime farmland soil replacement, the soil surface shall be stabilized with a vegetative cover or other means that effectively controls soil loss by wind and water erosion. (b) Prime farmland soil productivity shall be restored in accordance with the following provis…

(a) The U.S. Natural Resources Conservation Service within the State shall establish specifications for prime farmland soil removal, storage, replacement, and reconstruction. (b) The division shall use the soil-reconstruction specifications of Paragraph (a) of this section to car…

(a) Surface coal mining activities may be conducted under a variance from the requirement of this Subchapter for restoring affected areas to their approximate original contour, if-- (1) The division grants the variance under a permit, in accordance with 4VAC25-130-785.14; (2) The…

The objectives of this Part are to-- (a) Enhance coal recovery; (b) Reclaim the land to equal or higher postmining use; and (c) Protect and enhance environmental and other values protected under the Act and this chapter. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code o…

A permittee who receives an authorization to mine areas with preexisting pollutional discharges under 4VAC25-130-785.19 shall comply with the requirements of this Subchapter except as specifically modified by this Part. The permittee shall also: (1) Implement the approved water q…

(a) Except for preexisting discharges from or on the pollution abatement area for which authorization is granted under 4VAC25-130-785.19, the permittee shall comply with 4VAC25-130-816.42 and 4VAC25-130-817.42. (b) The permittee shall treat the preexisting discharges from or on t…

4VAC25-130-800.40, 4VAC25-130-801.17 and 4VAC25-130-801.18 shall apply to the release of bonds for pollution abatement areas except as modified by this Part. Statutory Authority§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.