Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 701 - Permanent Regulatory Program Applicability › Section 4VAC25-130-701.11 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person who
				  conducts surface coal mining operations on non-Indian or non-Federal lands
				  within the Commonwealth of Virginia shall have a permit issued pursuant to
				  requirements of Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2 of the Code
				  of Virginia.
(b) Any person who
				  conducts surface coal mining operations on Federal lands located within the
				  Commonwealth of Virginia shall have a permit issued pursuant to Part
				  740.
(c) The requirements of
				  Subchapter VK shall be effective and shall apply to each surface coal mining
				  and reclamation operation for which the surface coal mining operation is
				  required to obtain a permit under the Act, on the earliest date upon which the
				  Act and this chapter require a permit to be obtained, except as provided in
				  Paragraph (d) of this section.
(d)
(1) Each structure used in connection with or
				  to facilitate a coal exploration or surface coal mining and reclamation
				  operation shall comply with the performance standards and the design
				  requirements of Subchapter VK, except that--
(i) An existing structure which meets the
				  performance standards of Subchapter VK but does not meet the design
				  requirements of Subchapter VK may be exempted from meeting those design
				  requirements by the division. The division may grant this exemption only as
				  part of the permit application process after obtaining the information required
				  by 4VAC25-130-780.12 or 4VAC25-130-784.12 and after making the findings
				  required in 4VAC25-130-773.15.
(ii)
				  If the performance standard of Subchapter B of 30 CFR Chapter VII is at least
				  as stringent as the comparable performance standard of Subchapter VK, an
				  existing structure which meets the performance standards of Subchapter B of 30
				  CFR Chapter VII may be exempted by the division from meeting the design
				  requirements of Subchapter VK. The division may grant this exemption only as
				  part of the permit application process after obtaining the information required
				  by 4VAC25-130-780.12 or 4VAC25-30-784.12 and after making the findings required
				  in 4VAC25-130-773.15.
(iii) An
				  existing structure which meets a performance standard of Subchapter B of 30 CFR
				  Chapter VII which is less stringent than the comparable performance standards
				  of Subchapter VK or which does not meet a performance standard of Subchapter
				  VK, for which there was no equivalent performance standards in Subchapter B of
				  30 CFR Chapter VII, shall be modified or reconstructed to meet the performance
				  and design standards of Subchapter VK pursuant to a compliance plan approved by
				  the division only as part of the permit application as required in
				  4VAC25-130-780.12 or 4VAC25-130-784.12 and according to the findings required
				  by 4VAC25-130-773.15.
(iv) An
				  existing structure which does not meet the performance standards of Subchapter
				  B of 30 CFR Chapter VII and which the applicant proposes to use in connection
				  with or to facilitate the coal exploration or surface coal mining and
				  reclamation operation shall be modified or reconstructed to meet the
				  performance and design standards of Subchapter VK prior to issuance of the
				  permit.