reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-100 - Review of action of chief

Current through Register Vol. 40, No. 24, July 15, 2024
Any person aggrieved by the chief's action either in fixing
				  or approving the location of a vertical ventilation hole, or in issuing or
				  refusing to issue a drilling permit, shall have the right to request a review
				  of the chief's action by the circuit court pursuant to Article 4 (§
				  9-6.14:15 et seq.) of the Administrative Process Act.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106, 45.1-161.121,
					 45.1-161.254 and 45.1-161.292 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-110 - Casing requirements for vertical ventilation holes

Current through Register Vol. 40, No. 24, July 15, 2024
A. Water-protection string.
1. Except as provided in subdivision 5 of
				this subsection, the permittee shall set a water-protection string to a point
				at least 300 feet below the surface or 50 feet below the deepest known
				groundwater horizon, whichever is deeper, circulated and cemented into the
				surface. If the cement does not return to the surface, every reasonable attempt
				shall be made to fill the annular space by introducing cement from the
				surface.
2. The operator shall test
				or require the cementing company to test the cement mixing water for pH and
				temperature prior to mixing the cement and record the results on the cement
				ticket.
3. After the cement is
				placed, the operator shall wait a minimum of eight hours and allow the cement
				to achieve a calculated compressive strength of 500 psi before drilling, unless
				the chief approves a shorter period of time. The wait-on-cement (WOC) time
				shall be recorded within the records kept at the drilling rig while drilling is
				taking place.
4. When requested by
				the chief, the operator shall submit copies of cement tickets or other
				documents that indicate the above specifications have been followed.
5. A coal-protection string may also serve as
				a water-protection string.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-120 - Survey requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				vertical ventilation holes shall be drilled with due diligence to maintain,
				within reason, a vertical hole bore.
B. The permittee shall use an inclination
				survey on any vertical ventilation hole that penetrates a minable coal seam.
				The inclination survey shall be conducted from the surface to the lowest
				minable coal seam penetrated by the hole as follows:
1. The first survey point shall be taken at a
				depth not greater than the most shallow minable coal seam.
2. Thereafter, shot points shall be taken at
				each minable coal seam or at intervals of 200 feet, whichever distance is less,
				to the lowest minable coal seam penetrated by the hole.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-130 - Correction requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				drilling any vertical ventilation hole into a minable coal seam being actively
				mined within 500 feet of where the hole will penetrate the seam, the permittee
				shall conduct an inclination survey to determine whether the deviation of the
				hole exceeds one degree from true vertical. If necessary, the permittee shall
				then correct the hole to within one degree of true vertical, unless a variance
				is obtained from the chief as specified in
				4VAC25-101-120.
B. The chief may grant a variance to the
				correction requirements contained in
				4VAC25-101-120 or this section only
				after the permittee and the owners or operators of any minable coal seams
				penetrated by the vertical ventilation hole have jointly submitted a written
				request for a variance. The request shall state that the conduction of a
				directional survey or the correction of the hole is not needed to protect the
				safety of persons engaged in active coal mining.
C. The chief may require the permittee to
				conduct a directional survey if determined that the lack of assurance of the
				horizontal location of the hole may pose a danger to persons engaged in active
				coal mining.
D. All mining
				operations affected by the vertical ventilation hole shall be furnished, within
				30 days, a copy of the completed survey and its interpretations.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106, 45.1-161.121,
					 45.1-161.254 and 45.1-161.292 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-140 - Filing of report

Current through Register Vol. 40, No. 24, July 15, 2024
Within 30 days after the date that drilling is completed on
				  a vertical ventilation hole, the operator of the hole shall file with the chief
				  a drilling report on a form prescribed by the chief, an accurate map or plat
				  showing the actual surface location of the hole, a drillers log, and the
				  results of any other log or survey required to be run in accordance with this
				  chapter or by the chief. The drillers log shall state, at a minimum, the
				  character, depth, and thickness of geologic formations encountered including
				  groundwater-bearing strata, coal seams, mineral beds, and gas bearing
				  formations.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106, 45.1-161.121,
					 45.1-161.254 and 45.1-161.292 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-150 - Mining within 500 feet of a vertical ventilation hole or gas well

Current through Register Vol. 40, No. 24, July 15, 2024
A. Before removing
				any coal or other mineral, or extending any mine workings or operations within
				500 horizontal feet of any permitted or pending vertical ventilation hole or
				gas well, the mine operator shall give notice by certified mail to the vertical
				ventilation hole operator and the chief or, in the case of a gas well, the mine
				operator shall give notice as provided for in §§ 45.2-707 A and
				45.2-939 A of the Coal Mine Safety Act.
B. The mine operator shall send to the
				vertical ventilation hole operator and the chief an accurate map or plat. The
				map shall show the location of the hole and projected mine workings within 500
				horizontal feet of the ventilation hole and shall be shown in accordance with
				the state plane coordinate system.
C. Once notice and the map have been
				provided, the mine operator may proceed with mining operations as shown on the
				map. However, the mine operator shall not remove any coal or other mineral, or
				conduct any mining operations nearer than 200 horizontal feet, as determined by
				survey, to any permitted or pending vertical ventilation hole or gas well
				without the approval of the chief.
D. This provision shall not apply to mining
				operations in the seam which the vertical ventilation hole or gas well is
				intended to ventilate if safe mining procedures have been incorporated in the
				approved bleeder plan as provided in
				4VAC25-101-190,
				unless the casing extends through that seam or if the vertical ventilation
				hole, gas well, or pipeline is located outside the coal seam outcrop.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-160 - Mining within 200 feet of a vertical ventilation hole, gas well or pipeline

Current through Register Vol. 40, No. 24, July 15, 2024
A. A mine
				operator shall submit a plan to the chief for approval to conduct mining
				operations within 200 feet (horizontally or vertically) of any permitted or
				pending vertical ventilation hole or gas well or to conduct surface mining
				operations within 200 feet of pipelines.
B. The plan shall comply with requirements
				developed by the chief. It shall be accompanied by an accurate map or plat
				showing the location of the hole, well, or pipeline, mine workings within 500
				feet of the hole, well, or pipeline, projected mine workings within 200
				horizontal feet of the vertical ventilation hole, gas well, or pipeline in
				accordance with the state plane coordinate system.
C. The chief may, prior to considering the
				plan, make or cause to be made any inspections or surveys which he deems
				necessary.
D. Notice of intent,
				including a copy of the plan, shall be sent by certified mail to the operator
				of the vertical ventilation hole or pipeline, which may be affected by the
				proposed mining operations. Gas well operators, which may be affected by the
				proposed mining operations, shall be given notice as required in §§
				45.2-707 C and 45.2-939 B of the Coal Mine Safety Act. The notice shall inform
				the operator of the right to object to the proposed mining activity. Objections
				shall be filed with the chief within 10 days of the date that the notice is
				received. If the operator files an objection, the chief shall schedule a
				hearing in accordance with the provisions in
				4VAC25-101-70.
E. If the mine operator submits proof in
				writing that the operator of the vertical ventilation hole, gas well, or
				pipeline does not object to the projected mining activity, then the chief may
				waive the notice requirement and issue a permit, provided all other conditions
				for permit issuance have been met.
F. The chief may, if the operator of the
				vertical ventilation hole, or gas well, or pipeline does not file an objection
				within the specified period, approve the plan for the mining operations as
				projected, or with such modifications as the chief may deem
				necessary.
G. This section shall
				not apply to mining operations in the seam that the vertical ventilation hole
				or gas well is intended to ventilate, if safe mining procedures have been
				incorporated in the approved bleeder plan as provided in
				4VAC25-101-190,
				unless the casing extends through the seam or if the vertical ventilation hole,
				gas well, or pipeline is located outside the coal seam outcrop.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-170 - Pillars of coal to be left unmined, and other protective measures

Current through Register Vol. 40, No. 24, July 15, 2024
A. When mining
				using an underground, auger or highwall mining method within 200 horizontal
				feet of a vertical ventilation hole or a gas well, the mine operator shall
				submit a plan showing the projected pillars of coal to be left unmined around
				each hole or well.
B. Pillars shall
				be situated so that each hole or well is centered within a pillar, and each
				pillar shall conform to the specifications shown in Table I below, based on the
				depth of cover above the area being mined. The entries developed adjacent to
				any pillar may not exceed 20 feet in width without prior approval from the
				chief. In no circumstances may the most narrow pillar dimension be less than
				twice the width of the adjacent entries.
Table I Pillar Specifications
Cover (in feet)
Required Solid Pillar Area (in square feet)
Required Additional Pillar Area (Solid or Split, in sq.
						  ft.)
Total Area Bearing Surface Required (in sq. ft.)
0-149
3,600
3,600
150-249
5,625
5,625
250-349
10,000
10,000
350-449
10,000
5,600
15,600
450-549
10,000
13,000
23,000
550-649
10,000
22,000
32,000
650 or more
10,000
30,000
40,000
Statutory Authority
§§ 45.1-161.3, 45.1-161.106, 45.1-161.121,
					 45.1-161.254 and 45.1-161.292 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-180 - Mining within 200 feet of a plugged vertical ventilation hole or gas well

Current through Register Vol. 40, No. 24, July 15, 2024
A. A mine
				operator shall submit an application for a permit to mine through or within 200
				feet of either a plugged vertical ventilation hole or plugged gas
				well.
B. The plan shall comply with
				requirements developed by the chief. It shall be accompanied by an accurate map
				or plat showing the location of the hole, well, or pipeline, mine workings
				within 500 horizontal feet of the hole, well, or pipeline, and projected mine
				workings within 200 horizontal feet of the hole, well, or pipeline in
				accordance with the state plane coordinate system. The plan shall also contain
				safety precautions relevant to mining procedures such as: ventilation
				standards, rock dusting standards, frequency of methane checks, communication
				procedures, and personnel involved.
C. The application shall contain information
				from the log completed by the person who conducted the plugging necessary to
				establish that:
1. The hole or well has been
				adequately plugged with cement, from a point 50 feet below the coal seam to a
				point 50 feet above the coal seam, unless otherwise approved by the
				chief.
2. No gas or fluids can
				migrate into the mine workings.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-190 - Mining seams impacted by vertical ventilation holes and coalbed methane wells intended to degas the seams being mined

Current through Register Vol. 40, No. 24, July 15, 2024
Mining through vertical ventilation holes, coalbed methane
				  wells, or gas wells intended to degas the seam being mined shall comply with
				  safe mining procedures which have been incorporated in the approved Bleeder
				  Plan required by § 45.2-837 of the Coal Mine Safety Act.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-200 - Plugging of vertical ventilation holes

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit requirements; variances.
1. Plugging operations shall not commence
				until a detailed plugging plan has been submitted to and approved by the chief.
				A permit modification is required if the vertical ventilation hole was not
				previously permitted for plugging.
2. Any person may file an application with
				the chief to re-plug a previously plugged vertical ventilation hole in any
				manner permissible under provisions of this section to facilitate the safe
				mining-through of the vertical ventilation hole at a later date.
3. The chief may, upon application by the
				permittee, approve a variance to the prescribed plugging methods for the
				following reasons if it is determined that the alternate plan meets the
				requirements of §§ 45.2-707 and 45.2-939 of the Coal Mine Safety Act:
a. The coal owner, operator, or lessee of
				record requests a special plugging program to facilitate mine safety or to
				obtain approval from another governmental agency for the safe mining-through of
				a vertical ventilation hole. The application for a variance must include
				documentation of the request from the coal owner or operator.
b. The permittee has obtained written
				authorization from the coal owner or operator for alternate plugging of the
				coal-bearing section. The application for a variance must include documentation
				of approval by the coal owner or operator.
c. Downhole conditions such as junk in the
				hole, stuck or collapsed casing, caving or other adverse conditions which would
				prevent proper execution of the prescribed plugging methods.
d. A permittee presents an alternate plugging
				plan, which may differ in method from that prescribed herein, but which will
				achieve the desired result.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-210 - Identifying plugged holes; plugging affidavit

Current through Register Vol. 40, No. 24, July 15, 2024
A. Plugged holes shall be permanently marked
				in a manner as follows:
1. The marker shall
				extend not less than 30 inches above the surface and enough below the surface
				to make the marker permanent.
2.
				The marker shall indicate the permittee's name, the hole name, the hole number
				and date of plugging.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Section 4VAC25-101-220 - Annual report; abandonment

Current through Register Vol. 40, No. 24, July 15, 2024
Annually by July 1, the vertical ventilation hole operator
				  shall submit to the chief a status report of all permitted holes. When it is
				  determined by the chief that a vertical ventilation hole is no longer used for
				  the purpose for which it was permitted, the hole shall be plugged in accordance
				  with 4VAC25-101-200 unless otherwise
				  approved by the chief.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106, 45.1-161.121,
					 45.1-161.254 and 45.1-161.292 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 101 - REGULATIONS GOVERNING VERTICAL VENTILATION HOLES AND MINING NEAR GAS AND OIL WELLS › Form - FORMS (4VAC25-101)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for a Permit to Drill a Vertical Ventilation
				  Hole, DM-VVH-1 (rev. 9/00).
Drilling Report, DM-DR-1 (eff. 3/01).
Drillers Log, DM-DR-2 (eff. 3/01).
Plugging Affidavit, DM-PLG-1 (eff. 3/01).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 110 - REGULATIONS GOVERNING BLASTING IN SURFACE MINING OPERATIONS › Section 4VAC25-110-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings, unless the context clearly indicates
				  otherwise:
"Actual distance" means the distance in feet from the blast
				  location to the nearest dwelling house, public building, school, church, or
				  commercial or institutional building neither owned nor leased by the person
				  conducting the blast.
"DMLR" means the Division of Mined Land Repurposing of the
				  Department of Energy.
"Fly rock" means uncontrolled material generated by the blast
				  traveling along the ground and shall not be cast from the blasting vicinity
				  more than half the distance to the nearest dwelling or other occupied structure
				  and in no case beyond the Division of Mined Land Repurposing (DMLR) permit
				  boundary.
"Inhabited building" means a building regularly occupied in
				  whole or in part as a habitation for human beings, or any church, schoolhouse,
				  railroad station, store, or other structure where people are accustomed to
				  assemble, except any building or structure occupied in connection with the
				  manufacture, transportation, storage or use of explosives.
"Mudcapping," also known as bulldozing, adobe blasting or
				  dobying, means a method of blasting by placing a quantity of explosives in
				  contact with a rock, boulder, or other object without confining the explosives
				  in a drill hole.
"Person" means and includes individuals, firms, partnerships,
				  associations, corporations, receivers, or any officer of the Commonwealth, or
				  any agent or officer of the above-mentioned classes employing any person in
				  this Commonwealth.
"Stemming" means that inert material placed in a borehole
				  after the explosive charge for the purpose of confining the explosion gases in
				  the borehole or that inert material used to separate the explosive charges
				  (decks) in decked holes.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 110 - REGULATIONS GOVERNING BLASTING IN SURFACE MINING OPERATIONS › Section 4VAC25-110-20 - Certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. All blasters
				performing blasting at Virginia surface coal mines and the surface at
				underground coal mines shall be certified by the Board of Coal Mining Examiners
				(BCME) and meet DMLR recertification requirements.
B. As stated in
				4VAC25-20-40 of the BCME
				certification requirements, the board may grant certificates by
				reciprocity.
Statutory Authority
§§ 45.1-161.3, 45.1-161.254 and 45.1-161.286 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 110 - REGULATIONS GOVERNING BLASTING IN SURFACE MINING OPERATIONS › Section 4VAC25-110-200 - Records

Current through Register Vol. 40, No. 24, July 15, 2024
A record of each blast shall be kept. All records including
				  seismograph reports shall be retained at least three years and shall be
				  available for inspection by the Division of Mines and shall contain the data
				  required in DMLR regulations, 4VAC25-130-816.68:
1. Name of the operator conducting the
				blast;
2. Location, date and time
				of blast;
3. Name, signature, and
				certification number of the blaster conducting the blast;
4. Type of material blasted;
5. Sketches of the blast pattern, including
				number of holes, burden, spacing, decks, and delay interval;
6. Diameter and depth of holes;
7. Types of explosives used;
8. Total weight of explosives used per
				hole;
9. Maximum weight of
				explosives detonated in an eight-millisecond period;
10. Initiation system;
11. Identification, direction and distance,
				in feet, from the nearest blast hole to the nearest dwelling, public building,
				school, church, community or institutional building outside the mine area,
				except those structures owned by the operator and not leased to another person,
				if a written waiver by the lessee is submitted to the division before
				blasting;
12. Weather conditions
				including those which may cause adverse blasting effects;
13. Type and length of stemming;
14. Mats or other protections used;
15. Seismographic and airblast records, if
				required, which shall include:
a. Name of
				person and firm taking the reading;
b. Name of person and firm analyzing the
				seismographic record;
c. Vibration
				or airblast level recorded;
d. Type
				of instrument, sensitivity, and calibration signal or certification of annual
				calibration; and
e. Exact location
				of instrument and the date, time and distance from the blast; and
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 110 - REGULATIONS GOVERNING BLASTING IN SURFACE MINING OPERATIONS › Section 4VAC25-110-210 - Blasting safety

Current through Register Vol. 40, No. 24, July 15, 2024
A. When
				operating within 1,000 horizontal feet of a highway, traffic must be stopped at
				a safe distance and the blasting area shall be posted with warning
				signs.
B. Where a blasting
				operation is conducted in the vicinity of an active deep mine, the blaster
				shall observe all procedures necessary to secure the health and safety of the
				deep mine workers. The operator of the affected deep mine shall be notified of
				planned blasting activities to coordinate necessary precautions for underground
				workers.
C. When blasting
				operations, other than those conducted at a fixed site as a part of any
				industry or business operated at such site, are to be conducted within 200 feet
				of a pipe line or high voltage transmission line, the blaster or person in
				charge of the blasting operations shall take due precautionary measures for the
				protection of the line, and shall notify the owner of the line or his agent at
				least 48 hours in advance that such blasting operations are intended.
D. When an operator applies for a mine
				license, he shall indicate on the application the actual distance to the
				nearest inhabited building.
E.
				Before a blast is fired, a loud warning signal, audible within a range of 1/2
				mile, shall be given by the blaster in charge, who has made certain that all
				surplus explosives are in a safe place and all employees, vehicles, and
				equipment are at a safe distance or under sufficient cover.
F. Fly rock as defined in
				4VAC25-110-10 shall
				not be allowed.
G. Blasting
				operations shall be conducted during daylight hours (sunrise to sunset) unless
				authorized by the Chief or his authorized representative.
H. Misfires, hangfires, etc., shall be
				handled in accordance with § 45.2-932 of the Code of Virginia.
I. Mudcapping in blasting operations shall be
				permitted only where the driller would be in a hazardous position in attempting
				to drill the rock or material to be blasted.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 120 - REQUIREMENTS FOR INSTALLATION AND USE OF CABS AND CANOPIES › Section 4VAC25-120-10 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. To
				provide the minimum protection, a registered engineer must certify that the cab
				or canopy being used on all self-propelled mobile face equipment meets the
				standards provided in this section.
B. It shall be installed so that the minimum
				structural capacities will support a dead load weight of 18,000 pounds. The
				operator shall provide evidence of certification by attaching documentation to
				the cab or canopy or providing such information on a plate, or by keeping a
				letter of certification available for review by an authorized representative of
				the Chief.
C. The deck plate or
				mounting shall withstand the same load which the cab or canopy is designed to
				support.
D. Cabs or canopies shall
				have overhead clearance below the lowest projection of the roof or roof
				supports to prevent striking of the roof or roof supports.
E. To protect the machine operator, the cab
				or canopy shall be designed to ensure that mine personnel can safely operate
				the machine and stay within the confines of the structure.
F. When a bolt or pin is used as an integral
				part of the cab or canopy, the bolt or pin shall withstand more than the shear
				weight of the designated load capacity.
G. Any other act or practice resulting from
				the installation and use of cabs and canopies considered by the Chief to be
				hazardous to the operator of the equipment or other mine personnel will result
				in appropriate enforcement action to ensure corrective measures are taken by
				the operator.
H. Cabs or canopies
				shall not be used as temporary roof support unless they have been approved as
				part of the automated temporary roof support system.
Statutory Authority
§§ 45.1-161.3 and 45.1-161.106 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 125 - REGULATIONS GOVERNING COAL STOCKPILES AND BULK STORAGE AND HANDLING FACILITIES › Section 4VAC25-125-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Bin" means a container for storage of bulk material.
"Bunker" means a vessel for the bulk storage of material; the
				  lowermost portion is usually constructed in the form of a hopper.
"Chief" means the Chief of the Division of Mines of the
				  Department of Energy.
"Division" means the Division of Mines of the Department of
				  Energy.
"Hopper" means a vessel not primarily intended for storage
				  into which materials are fed; usually constructed in the form of an inverted
				  pyramid or cone terminating in an opening through which the material is
				  discharged.
"Safety line" means a component consisting of a flexible line
				  for connection to an anchorage at one end to hang vertically (vertical
				  lifeline), or for connection to anchorages at both ends to stretch horizontally
				  (horizontal lifeline), and which serves as a means for connecting other
				  components of a personal fall arrest system to the anchorage.
"Silo" means a tall structure, usually cylindrical and of
				  reinforced concrete construction, in which bulk material is stored and
				  discharged through feeders that draw materials from the bottom.
"Stockpile" means any accumulation of material formed to
				  create a reserve for loading or other purposes.
Statutory Authority: § 45.2-103 of the Code of
					 Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 125 - REGULATIONS GOVERNING COAL STOCKPILES AND BULK STORAGE AND HANDLING FACILITIES › Section 4VAC25-125-20 - General provisions for coal stockpiles and on stockpiles with underlying feeders

Current through Register Vol. 40, No. 24, July 15, 2024
A. Stockpile
				design and management shall be such that materials can be safely stored and
				handled.
B. Stockpiles shall be
				maintained so as not to become unstable. Any hazardous condition that is
				observed on or around such areas shall be immediately reported to the mine
				foreman in charge. Immediate action shall be taken to correct such conditions
				when encountered.
C. Stockpiles and
				stockpile dumping locations shall be visually examined by an authorized person
				prior to work commencing and as frequently as ground conditions warrant. Where
				there is evidence of ground failure at a stockpile dumping location, loads
				shall be dumped a safe distance back from the edge of the unstable area of the
				bank and pushed to the stockpile.
D. Sufficient illumination shall be provided
				to maintain safe working conditions. When visibility is insufficient, the
				operation of mobile equipment on stockpiles shall be suspended until conditions
				permit sufficient visibility.
E.
				All employees who work on or around stockpiles shall be trained on potential
				hazards. Hazard training shall also be provided for anyone other than employees
				that perform work associated with stockpiles, including but not limited to
				maintenance personnel or contractors.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106 and 45.1-161.254 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 125 - REGULATIONS GOVERNING COAL STOCKPILES AND BULK STORAGE AND HANDLING FACILITIES › Section 4VAC25-125-30 - Safety precautions for stockpiles with underlying feeders

Current through Register Vol. 40, No. 24, July 15, 2024
A. Telephone or
				equivalent two-way communications shall be established between equipment
				operators working on stockpiles and those persons who are operating conveyors,
				feeders, hoppers or load-out facilities drawing from those stockpiles.
				Communication shall be maintained as necessary to keep such equipment operators
				advised of potential hazards during draw down activities.
B. No person shall travel on foot directly
				over areas of coal stockpiles where underlying feeders are in place, except:
1. In accordance with the provisions of
				subdivision D 5 of this section, or
2. On an emergency basis, under direct
				supervision of a certified foreman while secured by a safety line with coal
				stockpile feeders de-energized, locked out, and suitably tagged.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 125 - REGULATIONS GOVERNING COAL STOCKPILES AND BULK STORAGE AND HANDLING FACILITIES › Section 4VAC25-125-40 - Storage bins, bunkers, hoppers, and silos

Current through Register Vol. 40, No. 24, July 15, 2024
Storage bins, bunkers, hoppers, and silos where
				  unconsolidated bulk materials are stored, handled or transported shall be
				  equipped and maintained as follows:
1.
				Equipped with mechanical devices or other effective means of handling materials
				so that during normal operations persons are not required to enter or work
				where they are exposed to entrapment by caving or sliding of
				materials.
2. Equipped with supply
				and discharge operating controls. The controls shall be located so that spills
				or overruns will not endanger persons.
3. Where persons are required to move around
				or over any storage bin, bunker, hopper, or silo where unconsolidated bulk
				material is stored, handled or transported, suitable walkways or passageways
				shall be provided.
4. Ladders,
				platforms, or landings shall be provided for maintenance or inspection purposes
				where persons are required to enter any storage bin, bunker, hopper, or silo
				where unconsolidated bulk material is stored, handled or transported. No person
				shall enter the facility until the supply and discharge of materials has ceased
				and the supply and discharge equipment is de-energized, locked out and suitably
				tagged. Persons entering the facility shall wear a safety belt or harness
				equipped with a safety line. A second person, similarly equipped, shall be
				stationed near where the safety line is fastened and shall constantly adjust it
				or keep it tight as needed, with minimum slack.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106 and 45.1-161.254 of
					 the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations, consisting of Parts 700 through 882,
					 establishes the procedures and requirements through which the Department of
					 Energy and its Division of Mined Land Repurposing will implement the Virginia
					 Coal Surface Mining Control and Reclamation Act of 1979 (Chapter 10 (§
					 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia) and the Federal
					 Surface Mining Control and Reclamation Act of 1977, ( P.L. 95-87, 91 Stat. 445
					 (30 USC §§
											1201 et seq.)), pursuant to the Virginia
					 permanent regulatory program, as approved by the United States Secretary of the
					 Interior.
This Chapter is divided into nine Subchapters.
(a) Subchapter VA contains introductory
				  information intended to serve as a guide to the rest of the Chapter and to the
				  regulatory requirements and definitions generally applicable to the programs
				  and persons covered by the Act.
(b)
				  Subchapter VD identifies the procedures that apply to surface coal mining and
				  reclamation operations conducted on Federal lands rather than State or private
				  lands and incorporates by reference the applicable requirements of the State
				  regulatory program: Subchapters VG, VJ, VK, AND VL.
(c) Subchapter VF implements the requirements
				  of the Act for--
(i) Designating lands which
				  are unsuitable for all or certain types of surface coal mining
				  operations;
(ii) Terminating
				  designation no longer found to be appropriate; and
(iii) Prohibiting surface coal mining and
				  reclamation operations on those lands or areas where the Act states that
				  surface coal mining operations should not be permitted or should be permitted
				  only after specified determinations are made.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.2 - Authority and citation to federal law

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations are promulgated pursuant to Chapter 10
					 (§ 45.2-1000 et seq.) of Title 45.2 of the Code of Virginia (1950) as
					 amended. In order for these regulations to receive approval by the United
					 States Secretary of the Interior as part of the Commonwealth's permanent
					 regulatory program, the Federal Surface Mining Control and Reclamation Act
					 requires that these regulations be consistent with (as effective as) applicable
					 regulations issued by the Secretary, contained in 30 CFR Chapter VII. The
					 numbering system used for the Virginia regulations corresponds to the numbering
					 system used for the applicable Federal regulations in 30 CFR Chapter VII,
					 except that the numbering for the Virginia regulations contains the prefix
					 "4VAC25-130-xxx.xxx." All references to Sections, Parts, or Subchapters are
					 made to this chapter, unless otherwise noted.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.3 - Effective date

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The regulations
				  promulgated pursuant to Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of
				  the Code of Virginia became effective on December 15, 1981, the date on which
				  the Secretary of the Interior approved the Commonwealth's permanent regulatory
				  program.
(b) The regulations in
				  this chapter shall become effective when approved by the Secretary of the
				  Interior, except, for existing operations permitted pursuant to Chapter 19,
				  Title 45.1-
(1) All provisions except for
				  those related to the contents of permit applications of Subchapter VG and the
				  performance standards of Subchapter VK shall apply.
(2) The content of permit application
				  requirements and the performance standards of the regulations approved on
				  December 15, 1981, shall be complied with.
(3) All provisions of this chapter shall
				  apply when the existing permit is significantly revised or renewed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.11 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except as
				  provided in Paragraph (b) of this section, this chapter applies to all coal
				  exploration and surface coal mining and reclamation operations, except--
(1) The extraction of coal by a landowner for
				  his own non-commercial use from land owned or leased by him. Non-commercial use
				  does not include the extraction of coal by one unit of an integrated company or
				  other business or non-profit entity which uses the coal in its own
				  manufacturing or power plants;
(2)
				  The extraction of 250 tons of coal or less by a person conducting a surface
				  coal mining and reclamation operation. A person who intends to remove more than
				  250 tons is not exempted;
(3) The
				  extraction of coal as an incidental part of Federal, State or local
				  government-financed highway or other construction in accordance with Part
				  707;
(4) The extraction of coal
				  incidental to the extraction of other minerals where coal does not exceed
				  16-2/3 percent of the total tonnage of coal and other minerals removed for
				  purposes of commercial use or sale in accordance with Part 702.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.12 - Petitions to initiate rule making

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person may petition to initiate a
				  proceeding for the issuance, amendment, or repeal of any regulation under the
				  Act. The petition shall be addressed to either the director of the division or
				  the director of the department and mailed or submitted to the division office
				  at Big Stone Gap.
(b) The petition
				  shall be a concise statement of the facts, technical justification, and law
				  which requires issuance, amendment, or repeal of a regulation under the Act and
				  shall indicate whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the
				  division shall make a preliminary determination whether the petition sets forth
				  facts, technical justification and law which may provide a reasonable basis for
				  issuance, amendment or repeal of a regulation. Facts, technical justification
				  or law previously considered in a petition or rule making on the same issue
				  shall not provide a reasonable basis. The division shall send the preliminary
				  determination to the director, who may hold a public hearing, conduct an
				  investigation or take other action to determine whether the petition should be
				  granted.
(d) Within 90 days of
				  receipt of the petition, the director shall issue a written decision to either
				  grant or deny the petition.
(e) If
				  the director grants the petition, he shall initiate a rule making proceeding
				  pursuant to the Virginia Administrative Process Act (§ 2.2-4000 et seq. of
				  the Code of Virginia). If the director denies the petition, he shall notify the
				  petitioner in writing, setting forth the reasons for the denial.
(f) Nothing herein shall be construed as
				  preventing the director from initiating any rule making proceeding on his own
				  motion.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.14 - Availability of records

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Records
				  required by the Act to be made available to the public shall be retained at the
				  division office in Big Stone Gap.
(b) Requests for other documents or records
				  in the possession of the division should be made in accordance with the
				  Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of
				  Virginia).
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 700 - General › Section 4VAC25-130-700.15 - Computation of time

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except as
				  otherwise provided, computation of time under this chapter is based on calendar
				  days.
(b) In computing any period
				  of prescribed time, the day on which the designated period of time begins is
				  not included. The last day of the period is included unless it is a Saturday,
				  Sunday or legal holiday on which the division is not open for business, in
				  which event the period runs until the end of the next day which is not a
				  Saturday, Sunday or legal holiday.
(c) Intermediate Saturdays, Sundays, and
				  legal holidays are excluded from the computation when the period of prescribed
				  time is 7 days or less.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 702 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 4VAC25-130-702.5 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
As used in this Part, the following terms have the meanings
					 specified, except where otherwise indicated:
(a) Cumulative measurement period means the
				  period of time over which both cumulative production and cumulative revenue are
				  measured.
(1) For purposes of determining the
				  beginning of the cumulative measurement period, subject to the division's
				  approval, the operator must select and consistently use one of the following:
(i) For mining areas where coal or other
				  minerals were extracted prior to August 3, 1977, the date extraction of coal or
				  other minerals commenced at that mining area or August 3, 1977, or
(ii) For mining areas where extraction of
				  coal or other minerals commenced on or after August 3, 1977, the date
				  extraction of coal or other minerals commenced at that mining area, whichever
				  is earlier.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 702 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals › Section 4VAC25-130-702.11 - Application requirements and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1) Any
				  person who plans to commence or continue coal extraction after the effective
				  date of this Part, in reliance on the incidental mining exemption shall file a
				  complete application for exemption with the division for each mining
				  area.
(2) A person may not commence
				  coal extraction based upon the exemption until the division approves such
				  application, except as provided in Paragraph (e)(3) of this
				  section.