Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.12 - Permit requirements for exploration removing more than 250 tons of coal, or occurring on lands designated as unsuitable for surface coal mining operations

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Exploration permit. Any person who intends to conduct coal exploration outside
				  a permit area during which more than 250 tons of coal will be removed or which
				  will take place on lands designated as unsuitable for surface mining under
				  Subchapter VF shall, before conducting the exploration, submit an application
				  and obtain written approval from the division in an exploration permit. Such
				  exploration shall be subject to the requirements prescribed under
				  4VAC25-130-772.13 and 4VAC25-130-772.14.
(b) Application Information. Each application
				  for an exploration permit shall contain, at a minimum, the following
				  information:
(1) The name, address, and
				  telephone number of the applicant.
(2) The name, address, and telephone number
				  of the applicant's representative who will be present at, and responsible for
				  conducting the exploration activities.
(3) A narrative describing the proposed
				  exploration area.
(4) A narrative
				  description of the methods and equipment to be used to conduct the exploration
				  and reclamation.
(5) An estimated
				  timetable for conducting and completing each phase of the exploration and
				  reclamation.
(6) The estimated
				  amount of coal to be removed and a description of the methods to be used to
				  determine the amount.
(7) A
				  statement of why extraction of more than 250 tons of coal is necessary for
				  exploration.
(8) A description of:
(i) Cultural or historic resources listed in
				  the National Register of Historic Places;
(ii) Cultural or historic resources known to
				  be eligible for listing on the National Register for Historic Places;
				  and
(iii) Known archeological
				  resources located within the proposed exploration area.
(9) A description of any endangered or
				  threatened species listed pursuant to the Endangered Species Act of 1973 ( 16
				  USC § 1531 et seq.) identified within the proposed exploration
				  area.
(10) A description of the
				  measures to be used to comply with the applicable requirements of Part
				  815.
(11) The name and address of
				  the owner of record of the surface land and of the subsurface mineral estate of
				  the area to be explored.
(12) A map
				  or maps at a scale of 1:24,000 or larger, showing the areas of land to be
				  disturbed by the proposed exploration and reclamation. The map shall
				  specifically show existing roads, occupied dwellings, topographic and drainage
				  features, bodies of surface water, and pipelines; proposed locations of
				  trenches, roads, and other access routes and structures to be constructed; the
				  location of proposed land excavations; the location of exploration holes or
				  other drill holes or underground openings; the location of excavated earth or
				  waste-material disposal areas; and the location of critical habitats of any
				  endangered or threatened species listed pursuant to the Endangered Species Act
				  of 1973 ( 16 USC § 1531 et seq.)
(13) If the surface is owned by a person
				  other than the applicant, a description of the basis upon which the applicant
				  claims the right to enter that land for the purpose of conducting exploration
				  and reclamation.
(14) For any lands
				  listed in 4VAC25-130-761.11, a demonstration that, to the extent
				  technologically and economically feasible, the proposed exploration activities
				  have been designed to minimize interference with the values for which those
				  lands were designated as unsuitable for surface coal mining operations. The
				  application must include documentation of consultation with the owner of the
				  feature causing the land to come under the protection of 4VAC25-130-761.11 and,
				  when applicable, with the agency with primary jurisdiction over the feature
				  with respect to the values that caused the land to come under the protection of
				  4VAC25-130-761.11.