Virginia Administrative Code

A. Applicants shall possess one year experience at a dock or appropriately related work experience approved by the chief. B. Applicants shall pass the dock foreman and gas detection examinations. C. This certification shall not be used in lieu of any other certification. Statutor…

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia. B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college. C. Applicants shall hold a valid Underground Mine Foreman Certi…

A. Applicants shall possess mining experience as described in § 45.2-512 of the Code of Virginia. B. Applicants shall be given three years credit for a degree in mining engineering from an approved four-year college. C. Applicants shall hold a valid Surface Mine Foreman Certifica…

A. All maintenance work performed on diesel engines used to power equipment in underground coal mines shall be performed by, or under the direct supervision of, a person possessing a Diesel Engine Mechanic Certificate issued by the BCME. In addition, no operator of an underground…

A. Applicants shall submit the Application for Certification Examination, Form DM-BCME-1. B. Applicants shall submit the Verification of Work Experience Form DM-BCME-2 and documentation of experience for approval by the chief if required for the certification. This information sh…

A. Applicants shall have teaching experience and be a certified diesel engine mechanic or possess appropriately related work experience approved by the chief. B. Applicants shall maintain the certificate by teaching at least one approved diesel engine mechanic course every two ye…

A. Applicants shall complete a 24-hour advanced first aid class, at minimum, taught by a certified advanced first aid instructor or possess appropriately related work experience approved by the chief and pass the advanced first aid examination. B. Approved advanced first aid clas…

A. Applicants shall be certified as an advanced first aid instructor by the American Red Cross, National Safety Council, Virginia Office of Emergency Medical Services, or as otherwise approved by the chief. Applicants shall also be certified in cardiopulmonary resuscitation by th…

A. Applicants shall possess one year work experience at a shop, lab or warehouse or appropriately related work experience approved by the chief. B. Applicants shall pass the surface facilities foreman and gas detection examinations. C. This certification shall not be used in lieu…

A. Applicants shall possess one year mining experience or appropriately related work experience approved by the chief. B. Applicants shall pass the automatic elevator operator and gas detection examinations. C. The applicant shall obtain written permission from a mine official to…

A. The applicant shall demonstrate the proper use of gas detection equipment and shall pass the gas detection examination. The applicant shall also demonstrate a practical knowledge of mine gases. B. The general requirements of 4VAC25-20-20 shall not apply except the applicants s…

A. General coal miner certification, surface, authorizes work at surface mines, surface facility locations and surface areas of underground coal mines. This does not authorize underground duties at underground coal mines. General coal miner certification, underground, authorizes …

A. Instructors conducting training used to meet requirements of the BCME shall be certified unless otherwise approved in this chapter. B. To become a certified instructor, the person shall: 1. Submit an application showing applicable mining knowledge and instructor experience. 2.…

(Repealed.)

A. Applicants for first class mine foreman, surface foreman, surface blaster, and underground shot firer certifications shall score at least 85% on each section of the written examination. Applicants for all other certifications shall score at least 80% on each section of the wri…

A. When an underground mine is issued a closure order or violation related to a hazardous roof or ventilation condition, the underground mine foreman may be examined to determine his knowledge of the roof control plan and ventilation requirements in the area of his responsibility…

A. The examination shall be the basis of any enforcement action brought before the board for failure to display a thorough understanding of the roof control plan and ventilation for the area of the mine for which he is responsible. B. Refusal of the underground mine foreman to su…

A. Section 45.2-528 of the Code of Virginia provides for on-site examination of an underground mine foreman by a mine inspector to determine that the foreman has a thorough understanding of the roof control plan and ventilation for the area of the mine for which he is responsible…

A. An order of closure issued in accordance with § 45.2-569 of the Code of Virginia, or notice of violation issued in accordance with § 45.2-568 of the Code of Virginia that relate to roof control or ventilation hazards, shall be reviewed at the time it is issued for evidence of …

A. The mine inspector will notify the underground mine foreman of an order of closure or notice of violation for a hazardous condition related to roof control or ventilation in the area of the foreman's responsibility. The inspector will let him know that he intends to invoke the…

A. The on-site examination of the underground mine foreman will be handled in such a way as to not prevent the foreman from performing his duties. The on-site examination must be conducted, to the extent possible, immediately on arrival outside on the surface on the day the order…

A. Reciprocity shall be available for persons certified by states which accept the corresponding Virginia certifications and whose certification requirements are substantially equivalent to Virginia's. B. If reciprocity is requested by a person certified in another state which ac…

A. The mine inspector will promptly check the responses given by the underground mine foreman for each of the 10 questions asked. At least eight of the 10 questions must be answered correctly to successfully complete the on-site examination. The results of the on-site examination…

A. Any person wishing to bring any matter before the board shall use these procedures except for good cause shown before the board. B. Petitions for action by the board shall be in writing, shall state the grounds for the petition before the board, shall state the relief sought, …

A. All hearings shall be heard during scheduled meetings of the board, on a case-by-case basis, in the order the petitions appear on the docket. B. Hearings shall be held in the department's Big Stone Gap office, unless a different location is agreed to by mutual consent of the p…

A. The board may require submittal of briefs from the parties to a hearing concerning the issues of record before the board. The board shall schedule submittal of briefs at the time of the hearing. B. Transcripts of the proceeding shall be provided on request to any party to the …

A. Colleges, universities, training companies, manufacturers, operators, other organizations and persons who wish to sponsor a continuing education program shall submit information to the chief which explains how their program will meet the requirements outlined in this chapter. …

A. Applicants shall possess five years mining experience, three of which shall be underground, and shall pass the underground mine foreman, map, and gas detection examinations. B. Applicants shall be given three years credit for a degree in mining engineering from an approved fou…

A. Applicants shall possess five years mining work experience at a shaft or slope or appropriately related work experience approved by the chief. B. Applicants shall pass the first class shaft or slope foreman and gas detection examinations. C. Applicants may be given three years…

A. Applicants shall possess five years of surface coal mining experience. B. Applicants shall pass the surface mine foreman, first aid, and gas detection examinations. C. Certified persons shall complete the continuing education requirements in this section within two years from …

A. Applicants shall possess one year blasting experience on a surface mine under the direction of a certified surface blaster or appropriately related work experience approved by the chief. B. Applicants shall pass the surface blaster examination and the endorsement section of th…

A. Applicants shall possess two years coal mining experience underground, one year of the two years shall have included handling and using explosives underground under the direction of a certified underground shot firer, or appropriately related work experience approved by the ch…

(Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: "Acre-foot" means a unit of volume equal to 43,560 cubic feet or 325,853 gallons. One acre-foot of water is equivalent to one acre covered by …

Permits shall be renewed annually, in a manner acceptable to the director, to continue to remain in effect. Paper filings shall be considered acceptable.Statutory Authority§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.

Application for a mineral mining permit shall be made in a form prescribed by the director and shall be certified by the applicant or his authorized representative. Copies of the application shall be submitted to the division in a manner acceptable to the director. Paper filings …

A. Permit fees for the initial permit application and permit renewal shall be submitted upon receipt of a billing notice from the director and before the permit is issued or renewed. Fees shall be paid in accordance with § 45.2-1205 of the Code of Virginia. B. Permit fees for the…

Mineral mining plans shall be attached to the application and consist of the following: 1. The operation plan shall include a description of the proposed method of mining and processing; the location of top soil storage areas; overburden, refuse, and waste disposal areas; stockpi…

A. The permit boundary of the mine shall be clearly marked with identifiable markings when mine related land disturbing activities are within 100 feet of the permit boundary. B. This section is not applicable to lands disturbed prior to September 11, 2003. C. Maintenance of permi…

A. Maps shall be supplied as described in §§ 45.2-1205 and 45.2-1206 of the Code of Virginia and in this chapter that show the total area to be permitted and the area to be affected in the next ensuing year (with acreage calculated). B. Preparation of maps. 1. All application, re…

A. A statement of the source of the legal right of the applicant to enter and conduct operations on the land proposed to be covered by the permit as noted in § 45.2-1205 of the Code of Virginia shall be submitted to the division. In addition, the applicant shall submit proof of r…

A. The applicant shall notify the following parties of a new permit application via certified mail: 1. Property owners within 1,000 feet of the permit boundary. 2. The Chief Administrative Official of the local political subdivision where the prospective mining operation would ta…

The design data and construction plans and specifications for impoundments meeting the criteria set forth in Chapter 13 ( § 45.2-1300 et seq.) of Title 45.2 of the Code of Virginia shall be submitted to the director prior to initiation of construction activities. Such a plan shal…

Mineral mining permits, a copy of the permit application, and a copy of the approved mineral mining plan shall be kept on-site while mining is underway. Statutory Authority§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.

This chapter establishes general and specific rules for mining permits, bonds, operations and reclamation procedures, roads, revegetation, and other matters related to mineral mining. Statutory Authority§§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia.

Any operator engaging in mining and disturbing less than a total of one acre of land and removing less than a total of 500 tons of minerals, is exempt from all mining permit fees, renewal fees and bonding requirements in this chapter. The mining operator shall submit an applicati…

A. If a permitted mineral mine operator wishes to continue operations, the mineral mining permit shall be renewed each year within 10 days of the anniversary date. If the time requirements set forth herein are not met, the permit shall expire 10 days following the anniversary dat…