reglab/statecodes huggingface dataset:
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 4VAC25-130-702.13 - Public availability of information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except as provided in Paragraph (b) of
				  this section, all information submitted to the division under this Part shall
				  be made immediately available for public inspection and copying at the offices
				  of the division until at least three years after expiration of the period
				  during which the subject mining area is active.
(b) The division may keep information
				  submitted under this Part confidential if the person submitting it requests in
				  writing, at the time of submission, that it be kept confidential and the
				  information concerns trade secrets or is privileged commercial or financial
				  information of the persons intending to conduct operations under this
				  Part.
(c) Information requested to
				  be held as confidential under Paragraph (b) of this section shall not be made
				  publicly available until after notice and opportunity to be heard is afforded
				  persons both seeking and opposing disclosure of the information.
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 4VAC25-130-702.14 - Requirements for exemption

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Activities are exempt from the requirements of this chapter if all of the
				  following are satisfied:
(1) The cumulative
				  production of coal extracted from the mining area determined annually as
				  described in this Paragraph does not exceed 16-2/3 percent of the total
				  cumulative production of coal and other minerals removed during such period for
				  purposes of bona fide sale or reasonable commercial use.
(2) Coal is produced from a geological
				  stratum lying above or immediately below the deepest stratum from which other
				  minerals are extracted for purposes of bona fide sale or reasonable commercial
				  use.
(3) The cumulative revenue
				  derived from the coal extracted from the mining area determined annually shall
				  not exceed 50 percent of the total cumulative revenue derived from the coal and
				  other minerals removed for purposes of bona fide sale or reasonable commercial
				  use. If the coal extracted or the minerals removed are used by the operator or
				  transferred to a related entity for use instead of being sold in a bona fide
				  sale, then the fair market value of the coal or other minerals shall be
				  calculated at the time of use or transfer and shall be considered rather than
				  revenue.
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 4VAC25-130-702.15 - Conditions of exemption and right of inspection and entry

Current through Register Vol. 40, No. 24, July 15, 2024
A person conducting activities covered by this Part
					 shall:
(a) Maintain on-site or at
				  other locations available to authorized representatives of the Division and the
				  Secretary information necessary to verify the exemption including, but not
				  limited to, commercial use and sales information, extraction tonnages, and a
				  copy of the exemption application and exemption approved by the
				  division;
(b) Notify the division
				  upon the completion of the mining operation or permanent cessation of all coal
				  extraction activities; and
(c)
				  Conduct operations in accordance with the approved application or when
				  authorized to extract coal under 4VAC25-130-702.11(b) or
				  4VAC25-130-702.11(e)(3) prior to submittal or approval of an exemption
				  application in accordance with the provisions of this chapter.
(d) Authorized representatives of the
				  Division and the Secretary shall have the right to conduct inspections of
				  operations claiming exemption under this Part.
(e) Each authorized representative of the
				  Division and the Secretary conducting an inspection under this Part:
(1) Shall have a right of entry to, upon, and
				  through any mining an reclamation operations without advance notice or a search
				  warrant, upon presentation of appropriate credentials;
(2) May, at reasonable times and without
				  delay, have access to and copy any records relevant to the exemption;
				  and
(3) Shall have a right to
				  gather physical and photographic evidence to document conditions, practices or
				  violations at a site.
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 4VAC25-130-702.16 - Stockpiling of minerals

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Coal.
				  Coal extracted and stockpiled may be excluded from the calculation of
				  cumulative production until the time of its sale, transfer to a related entity
				  or use:
(1) Up to an amount equaling a
				  12-month supply of the coal required for future sale, transfer or use as
				  calculated based upon the average annual sales, transfer and use from the
				  mining area over the two preceding years; or
(2) For a mining area where coal has been
				  extracted for a period of less than two years, up to an amount that would
				  represent a 12-month supply of the coal required for future sales, transfer or
				  use as calculated based on the average amount of coal sold, transferred or used
				  each month.
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 4VAC25-130-702.17 - Revocation and enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  division shall conduct an annual compliance review of the mining area,
				  utilizing the annual report submitted pursuant to 4VAC25-130-702.18, an on-site
				  inspection and any other information available to the division.
(b) If the division has reason to believe
				  that a specific mining area was not exempt under the provision of this Part at
				  the end of the previous reporting period, is not exempt, or will be unable to
				  satisfy the exemption criteria at the end of the current reporting period, the
				  division shall notify the operator that the exemption may be revoked and the
				  reason(s) therefore. The exemption will be revoked unless the operator
				  demonstrates to the division within 30 days that the mining area in question
				  should continue to be exempt.
(c)
(1) If the division finds that an operator
				  has not demonstrated that activities conducted in the mining area qualify for
				  the exemption, the division shall revoke the exemption and immediately notify
				  the operator and intervenors. If a decision is made not to revoke an exemption,
				  the division shall immediately notify the operator and intervenors.
(2) Any adversely affected person may request
				  administrative review of a decision whether to revoke an exemption within 30
				  days of the notification of such decision in accordance with procedures
				  established under § 45.2-1026 of the Code of Virginia.
(3) A petition for administrative review
				  filed under § 45.2-1026 of the Code of Virginia shall not suspend the
				  effect of a decision whether to revoke an exemption.
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 4VAC25-130-702.18 - Reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1) Following approval by the division of an
				  exemption for a mining area, the person receiving the exemption shall, for each
				  mining area, file a written report annually with the division containing the
				  information specified in Paragraph (b) of this section.
(2) The report shall be filed no later than
				  30 days after the end of the 12-month period as determined in accordance with
				  the definition of "cumulative measurement period" in
				  4VAC25-130-702.5.
(3) The
				  information in the report shall cover:
(i)
				  Annual production of coal and other minerals and annual revenue derived from
				  coal and other minerals during the preceding 12-month period, and
(ii) The cumulative production of coal and
				  other minerals and the cumulative revenue derived from coal and other
				  minerals.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.4 - Responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Director
				  shall:
(1) Provide advice, assistance, and
				  guidance to all State employees required to file statements pursuant to
				  4VAC25-130-705.11;
(2) Inform
				  annually each State employee required to file a statement with the Director of
				  the name, address, and telephone number of the person who may be contacted for
				  advice and counseling;
(3) Furnish
				  a blank statement 45 days in advance of the filing date established by
				  4VAC25-130-705.13(a) to each State employee required to file a
				  statement;
(4) Promptly review the
				  statement of employment and financial interest and supplements, if any, filed
				  by each employee, to determine if the employee has correctly identified those
				  listed employment and financial interests which constitute a direct or indirect
				  financial interest in an underground or surface coal mining
				  operation;
(5) Resolve prohibited
				  financial interest situations by ordering or initiating remedial action or by
				  reporting the violation to the Director of the OSM;
(6) Certify on each statement that review has
				  been made, that prohibited financial interests, if any, have been resolved, and
				  that no other prohibited interests have been identified from the
				  statement;
(7) Submit to the
				  Director of the OSM such statistics and information as the Director of the OSM
				  may request to enable the preparation of the required annual report to
				  Congress;
(8) Submit to the
				  Director of the OSM, the initial listing and the subsequent annual listing of
				  positions as required by 4VAC25-130-705.11(b), (c), and (d).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.11 - Who shall file

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any
				  employee who performs any function or duty under the Act is required to file a
				  statement of employment and financial interests. An employee who occupies a
				  position which has been determined by the Director not to involve performance
				  of any function or duty under the Act or who is no longer employed by the
				  Department at the time a filing is due, is not required to file a
				  statement.
(b) The Director shall
				  prepare:
(1) A list of those divisions,
				  offices and sections within the Department which do not perform any functions
				  or duties under the Act; and
(2) A
				  list of the positions not performing functions or duties under the Act for only
				  those divisions, offices and sections that do have employees performing
				  functions or duties under the Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.13 - When to file

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Employees
				  performing functions or duties under the Act shall file annually on February 1
				  of each year or at such other date as may be specified by the Director with the
				  concurrence of the OSM.
(b) New
				  employees hired, appointed, or transferred to perform functions or duties under
				  the Act will be required to file at the time of entrance to duty.
(c) New employees are not required to file an
				  annual statement on the subsequent annual filing date if this date occurs
				  within two months after their initial statement was filed.
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 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.15 - Where to file

Current through Register Vol. 40, No. 24, July 15, 2024
The Director shall file his statement with the OSM. All
					 other employees, as provided in 4VAC25-130-705.11, shall file their statement
					 with the Director.
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 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.17 - What to report

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Each employee shall report all information required on the statement
				  of employment and financial interests for the employee, the employee's spouse,
				  minor children or other relatives who are full-time residents of the employee's
				  home. The report shall be on OSM form 705-1 provided by the OSM. The statement
				  consists of three major parts, (1) a listing of all financial interests,
				  including employment, security, real property, creditor and other financial
				  interests held during the course of the preceding year, (2) a certification
				  that none of the listed financial interests represent a direct or indirect
				  financial interest in an underground or surface coal mining operation except as
				  specifically identified and described by the employee as part of the
				  certificate, and (3) a certification by the reviewer that the form was
				  reviewed, that prohibited interests have been resolved, and that no other
				  prohibited interests have been identified from the statement.
(b) Listing of all financial interest. The
				  statement will set forth the following information regarding any financial
				  interest:
(1) "Employment." Any continuing
				  financial interests in business entities and non-profit organizations through a
				  pension or retirement plan, shared income, salary or other income arrangement
				  as a result of prior or current employment. Pension or retirement plans with a
				  guaranteed income need not be reported. A guaranteed income is one which is
				  unlikely to be changed as a result of actions taken by the division.
(2) "Securities." Any financial interest in
				  business entities and non-profit organizations through ownership of stock,
				  stock options, bonds, securities or other arrangements including trusts. An
				  employee is not required to report holdings in widely diversified mutual funds,
				  investment clubs or regulated investment companies not specializing in
				  underground and surface coal mining operations.
(3) "Real Property." Ownership, lease,
				  royalty or other interests or rights in lands or minerals. Employees are not
				  required to report lands developed and occupied for a personal
				  residence.
(4) "Creditors." Debts
				  owed to business entities and non-profit organizations. Employees are not
				  required to report debts owed to financial institutions (banks, savings and
				  loan associations, credit unions, and the like) which are chartered to provide
				  commercial or personal credit. Also excluded are charge accounts and similar
				  short term debts for current and ordinary household and living
				  expenses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.19 - Resolving prohibited interests

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1) If an employee has a prohibited financial
				  interest, the Director shall promptly notify the employee in writing, that
				  remedial action which will resolve the prohibited interest is required within
				  90 days.
(2) Remedial action may
				  include:
(i) Reassignment of the employee to
				  a position which performs no function or duty under the Act, or
(ii) Divestiture of the prohibited financial
				  interest, or
(iii) Other
				  appropriate action which either eliminates the prohibited interest or
				  eliminates the situation which creates the conflict.
(3) If 90 days after an employee is notified
				  to take remedial action that employee is not in compliance with the
				  requirements of the Act and these regulations, the Director shall report the
				  facts of the situation to the Director of the OSM, who, pursuant to Federal
				  regulations is required to determine whether action to impose penalties
				  prescribed under section 517(g) of the Federal Act should be initiated. The
				  report to the Director of the OSM shall include the original or a certified
				  true copy of the employee's statement and any other information pertinent to
				  the determination, including a statement of action being taken at the time the
				  report is made.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.21 - Appeals procedures

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Employees shall have the right to appeal a notification for remedial action
				  under 4VAC25-130-705.19 and shall have 30 days to exercise this right before
				  remedial action is initiated.
(b)
				  An appeal shall be in writing on a standard State grievance form, which shall
				  be submitted in accordance with the procedure specified in Part B of the First
				  Step (Supervisor level) of the State Grievance Procedure. The appeal shall
				  proceed as a grievance in accordance with the State Grievance Procedure, which
				  shall apply for the purposes of appeal under this section to all employees
				  including managerial employees, except agency heads and probationary employees.
				  Nothing in the State Grievance Procedure, however, shall prevent the Director
				  from reporting on the situation to the OSM, nor preclude the OSM from taking
				  its own action against employees.
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 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.22 - Penalties for failure to file disclosure statements

Current through Register Vol. 40, No. 24, July 15, 2024
Any employee who fails to file the disclosure statement
					 required under 4VAC25-130-705.17 will be subject to removal from his position,
					 and dismissal from the Department.
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 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.24 - Confidentiality and access to disclosure statements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The provisions of the Virginia Freedom of
				  Information Act (§ 2.2-3700 et seq. of the Code of Virginia) shall apply
				  to statements and information obtained pursuant to these regulations.
(b) All statements of employment and
				  financial interest which are filed pursuant to these regulations, and the
				  information shown thereon, shall be maintained only for the purposes of
				  determining whether there are any direct or indirect financial interests in
				  violation of § 45.2-1005 of the Act, and Section 517(g) of the Federal
				  Act. No other use is authorized.
(c) Access to such statements and information
				  shall be restricted to personnel of the Department and of the U.S. Department
				  of the Interior, and State and Federal enforcement authorities (including the
				  U.S. Justice Department) for the purposes for which the information was
				  collected. Access among personnel of the Department shall be further restricted
				  to only those persons specified by the Director as having regular access to the
				  statements and information.
(d) All
				  such statements and information shall be maintained separate and apart from
				  personnel records and other records to which the public could have
				  access.
(e) The filing and
				  information system where such statements and information are stored shall be
				  identified as restricted access and secured against unauthorized access. The
				  Director shall designate a custodian for records maintained in the Division's
				  Office in Big Stone Gap, and another custodian for records maintained in the
				  Department's Offices in Richmond. The duties of these custodians shall be to
				  maintain restricted access and security for their respective records.
(f) Whenever any employee ceases to occupy a
				  listed position which requires the filing of a statement of employment and
				  financial interest, all such statements then on file from such employee shall
				  be returned to the employee and all information systems purged of the data
				  provided by such statements upon request of the employee. In addition, the
				  custodian of the records where such statements are maintained shall
				  periodically update the records by purging them of statements and information
				  pertaining to employees who no longer occupy listed positions.
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 705 - Restrictions on Financial Interests of State Employees › Section 4VAC25-130-705.25 - Gifts and gratuities

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Except as provided in Paragraph (b) of this section, employees shall not
				  solicit or accept, directly or indirectly, any gift, gratuity, favor,
				  entertainment, loan or other similar item of monetary value, from a coal
				  company which:
(1) Conducts or is seeking to
				  conduct, operations or activities that are regulated under the Act;
				  or
(2) Has interests that may be
				  substantially affected by the performance or non-performance of the employee's
				  official duty.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 707 - Exemption for Coal Extraction Incident to Government-Financed Highway Or Other Construction › Section 4VAC25-130-707.11 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Extraction of
				  coal which is an incidental part of government-financed construction is exempt
				  from the Act and this chapter.
(b)
				  Any person who conducts or intends to conduct coal extraction which does not
				  satisfy Paragraph (a) of this section shall not proceed until a permit has been
				  obtained from the division.
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 707 - Exemption for Coal Extraction Incident to Government-Financed Highway Or Other Construction › Section 4VAC25-130-707.12 - Information to be maintained on site

Current through Register Vol. 40, No. 24, July 15, 2024
Any person extracting coal incident to government-financed
					 highway or other construction who extracts more than 250 tons of coal or
					 affects more than two acres shall maintain, on the site of the extraction
					 operation and available for inspection, documents which show--
(a) A description of the construction
				  project;
(b) The exact location of
				  the construction, right-of-way or the boundaries of the area which will be
				  directly affected by the construction; and
(c) The government agency which is providing
				  the financing and the kind and amount of public financing, including the
				  percentage of the entire construction costs represented by the government
				  financing.
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 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Subchapter provides for the regulation of surface coal
					 mining and reclamation operations on Federal lands located in the Commonwealth
					 and shall become effective when the Director and the Secretary of the Interior
					 enter into a cooperative agreement pursuant to 30 CFR 745.
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 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Secretary
				  is responsible for:
(1) Approval, disapproval
				  or conditional approval of mining plans with respect to lands containing leased
				  Federal coal and of modifications thereto, in accordance with the Mineral
				  Leasing Act of 1920, as amended, 30 USC § 181 et seq.;
(2) Execution, modification or termination of
				  State-Federal cooperative agreements in accordance with 30 CFR 745;
				  and
(3) Designation of areas of
				  Federal lands as unsuitable for all or certain types of surface coal mining and
				  reclamation operations, or termination of such designations, in accordance with
				  30 CFR 769.
(4) Determination of
				  valid existing rights for surface coal mining and reclamation operations on
				  Federal lands within the boundaries of any areas specified under Section
				  522(e)(1) or (2) of the Federal Act.
(5) Determination that there are no
				  significant recreational, timber, economic, or other values which may be
				  incompatible with surface coal mining and reclamation operations on any Federal
				  lands within the boundaries of any national forest under Section 522(e)(2) of
				  the Federal Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.11 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Upon approval
				  of a cooperative agreement between the Commonwealth and the Secretary this
				  Subchapter shall apply to:
(1) Coal
				  exploration operations on Federal lands not subject to 43 CFR 3480 -
				  3487;
(2) Surface coal mining and
				  reclamation operations on lands containing leased Federal coal; and
(3) Surface coal mining and reclamation
				  operations on lands in Virginia where either the coal to be mined or the
				  surface is owned by the United States.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.13 - Permits

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General
				  requirements.
(1) No person shall conduct
				  surface coal mining operations on lands subject to this Part unless that person
				  has first obtained a permit issued pursuant to this Part.
(2) Every person conducting surface coal
				  mining and reclamation operations on lands subject to this Part shall comply
				  with the terms and conditions of the permit and the lease or license, the
				  Federal Act, 30 CFR Subchapter D, Virginia's regulatory program and all other
				  applicable State and Federal laws and regulations.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.15 - Bonds on federal lands

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Federal lease bonds.
(1) Each holder of a
				  Federal coal lease that is covered by a Federal lease bond required under 43
				  CFR 3474 may apply to the authorized officer of the Federal agency that has
				  administrative jurisdiction over the Federal lands for release of liability for
				  that portion of the Federal lease bond that covers reclamation
				  requirements.
(2) The authorized
				  officer may release the liability for that portion of the Federal lease bond
				  that covers reclamation requirements if:
(i)
				  The lessee has secured a suitable performance bond covering the permit area
				  under this Part;
(ii) There are no
				  pending actions or unresolved claims against existing bonds; and
(iii) The authorized officer has received
				  concurrence from the OSM and the Bureau of Land Management.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.17 - Inspection, enforcement and civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1)
				  General requirements. Under an approved cooperative agreement, Subchapter VL
				  shall govern inspection, enforcement and civil penalty activities by the
				  division with respect to surface coal mining and reclamation operations on
				  Federal lands, while the requirements of 30 CFR 842, 843 and 845 shall govern
				  the OSM inspection, enforcement and civil penalty activities conducted in
				  oversight of Virginia's program.
(2) The requirements of this section shall
				  not apply to coal exploration on Federal lands subject to the requirements of
				  43 CFR 3480 - 3487.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 740 - General Requirements for Surface Coal Mining and Reclamation Operations on Federal Lands › Section 4VAC25-130-740.19 - Performance standards

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Operations and reclamation.
(1) Surface coal
				  mining and reclamation operations on lands subject to this Part shall be
				  conducted in accordance with Subchapter VK.
(2) Surface coal mining and reclamation
				  operations on lands containing leased Federal coal shall also be conducted in
				  accordance with the requirements of the terms, conditions and stipulations of
				  the lease issued under the Mineral Leasing Act and its implementing regulations
				  in 43 CFR 3480 - 3487, as applicable, and the mining plan.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This Part establishes the procedures and standards to be
					 followed in determining whether a proposed surface coal mining and reclamation
					 operation can be authorized in light of the prohibitions and limitations in
					 § 45.2-1028 of the Act for those types of operations on certain Federal,
					 public and private lands in the Commonwealth.
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 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.3 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
The Director is authorized by § 45.2-1028 of the Act
					 to prohibit or limit surface coal mining operations on or near certain private,
					 Federal, and other public lands, subject to valid existing rights and except
					 for those operations which existed on August 3, 1977.
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 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.11 - Areas where mining is prohibited or limited

Current through Register Vol. 40, No. 24, July 15, 2024
Subject to valid existing rights, no surface coal mining
					 operations shall be conducted after August 3, 1977, unless those operations
					 existed on the date of enactment:
(a)
				  On any lands within the boundaries of the National Park System, the National
				  Wildlife Refuge System, the National System of Trails, the National Wilderness
				  Preservation System, the Wild and Scenic Rivers Systems including, for study
				  rivers designated under section 5(a) of the Wild and Scenic Rivers Act ( 16 USC
				  § 1276(a) ), a corridor extending at least one-quarter mile from each bank
				  for the length of the segment being studied, and National Recreation Areas
				  designated by Act of Congress;
(b)
				  On any Federal lands within the boundaries of any national forest; provided,
				  however, that surface coal mining operations may be permitted on such lands, if
				  the Secretary finds that there are no significant recreational, timber,
				  economic, or other values which may be incompatible with surface coal mining
				  operations; and surface operations and impacts are incident to an underground
				  coal mine.
(c) On any lands where
				  mining will adversely affect any publicly owned park or any place included in
				  the National Register of Historic Places, unless approved jointly by the
				  division and the Federal, State, or local agency with jurisdiction over the
				  park or place;
(d) Within 100 feet,
				  measured horizontally, of the outside right-of-way line of any public road,
				  except--
(1) Where mine access roads or
				  haulage roads join such right-of-way line; or
(2) Where the division or the appropriate
				  public road authority, pursuant to being designated as the responsible agency
				  by the Director, allows the public road to be relocated, closed, or the area
				  affected to be within 100 feet of such road, after--
(i) Public notice and opportunity for a
				  public hearing in accordance with 4VAC25-130-761.12(d); and
(ii) Making a written finding that the
				  interests of the affected public and landowners will be protected;
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.12 - Procedures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Upon receipt of
				  a complete application for a surface coal mining and reclamation operation
				  permit, the division shall review the application to determine whether surface
				  coal mining operations are limited or prohibited under 4VAC25-130-761.11 on the
				  lands which would be disturbed by the proposed operations.
(b)
(1)
				  Where the proposed operation would be located on any lands listed in
				  4VAC25-130-761.11(a), (f), or (g), the division shall reject the application if
				  the applicant has no valid existing rights for the area, or if the operation
				  did not exist on August 3, 1977.
(2) If the division is unable to determine
				  whether the proposed operation is located within the boundaries of any of the
				  lands in 4VAC25-130-761.11(a) or closer than the limits provided in
				  4VAC25-130-761.11(f) and (g), the division shall transmit a copy of the
				  relevant portions of the permit application to the appropriate Federal, State,
				  or local government agency for a determination or clarification of the relevant
				  boundaries or distances, with a notice to the appropriate agency that it has 30
				  days from receipt of the request in which to respond. The National Park Service
				  or the U.S. Fish and Wildlife Service shall be notified of any request for a
				  determination of valid existing rights pertaining to areas within the
				  boundaries of areas under their jurisdiction and shall have 30 days from
				  receipt of the notification in which to respond. The division, upon written
				  request by the appropriate agency, shall grant an extension to the 30-day
				  period of an additional 30 days. If no response is received within the 30-day
				  period or within the extended period granted, the division may make the
				  necessary determination based on the information it has available.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.13 - Exception for existing operations

Current through Register Vol. 40, No. 24, July 15, 2024
The prohibitions and limitations of 4VAC25-130-761.11 do
					 not apply to surface coal mining operations for which a valid permit issued
					 under Subchapter VG of this chapter exists when the land comes under the
					 protection of 4VAC25-130-761.11. This exception applies only to lands within
					 the permit area as it exists when the land comes under the protection of
					 4VAC25-130-761.11.
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 761 - Areas Designated by Act of Congress › Section 4VAC25-130-761.16 - Submission and processing of requests for valid existing rights determinations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Basic framework for valid existing rights determinations.
				  30
				  CFR 761.16(a) identifies the
				  agency responsible for making a valid existing rights determination and the
				  definition that it must use based upon which subsection of
				  30
				  CFR 761.11 or 4VA C25-130-761.11 applies and
				  whether the request includes federal lands.
B. A request for a valid existing rights
				  determination must be submitted to the division if a person intends to conduct
				  surface coal mining operations on the basis of valid existing rights under
				  4VAC25-130-761.11 or wishes to confirm the right to do so. The request may be
				  submitted before the person prepares and submits an application for a permit or
				  boundary revision for the land.
1. The person
				  must provide a property rights demonstration under the definition of valid
				  existing rights if the request relies upon the good faith/all permits or the
				  needed for and adjacent standard set forth in 4VAC25-130.700.5. For the land
				  subject to the request, the demonstration must include:
a. A legal description of the land;
b. Complete documentation of the character
				  and extent of the person's current interests in the surface and mineral estates
				  of the land;
c. A complete chain of
				  title for the surface and mineral estates of the land;
d. A description of the nature and effect of
				  each titles instrument that forms the basis of the request, including any
				  provision pertaining to the type or method of mining or mining-related surface
				  disturbances and facilities;
e. A
				  description of the type and extent of surface coal mining operations that the
				  person claims the right to conduct, including the method of mining, any
				  mining-related surface activities and facilities, and an explanation of how
				  those operations would be consistent with Virginia property law;
f. Complete documentation of the nature and
				  ownership, as of the date that the land came under the protection of §
				  45.2-1028 of the Code of Virginia or 4VAC25-130-761.11, of all property rights
				  for the surface and mineral estates;
g. Names and addresses of the current owners
				  of the surface and mineral estates of the land;
h. If the coal interests have been severed
				  from other property interests, documentation that the person has notified and
				  provided reasonable opportunity for the owners of other property interests in
				  the land to comment on the validity of the person's property rights claims;
				  and
i. Any comments that the person
				  receives in response to the notification provider under subdivision 1 h of this
				  subsection.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 762 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-762.1 - Scope and responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
This Part establishes the minimum criteria to be used in
					 determining whether lands should be designated as unsuitable for all or certain
					 types of surface coal mining operations. The Director and the division shall
					 use the criteria in this Part for the evaluation of each petition for the
					 designation of areas as unsuitable for surface coal mining
					 operations.
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 762 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-762.11 - Criteria for designating lands as unsuitable

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Upon petition an area shall be designated
				  as unsuitable for all or certain types of surface coal mining operations, if
				  the Director determines that reclamation is not technologically and
				  economically feasible under the Act and this chapter.
(b) Upon petition, an area may be (but is not
				  required to be) designated as unsuitable for certain types of surface coal
				  mining operations, if the operations will:
(1) Be incompatible with existing Federal,
				  State or local land use plans or programs;
(2) Affect fragile or historic lands in which
				  the operations could result in significant damage to important historic,
				  cultural, scientific, or aesthetic values or natural systems;
(3) Affect renewable resource lands in which
				  the operations could result in a substantial loss or reduction of long-range
				  productivity of water supply or of food or fiber products; or
(4) Affect natural hazard lands in which the
				  operations could substantially endanger life and property, such lands to
				  include areas subject to frequent flooding and areas of unstable
				  geology.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 762 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-762.13 - Land exempt from designation as unsuitable for surface coal mining operations

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of this Part do not apply to:
(a) Lands on which surface coal mining
				  operations were being conducted on August 3, 1977;
(b) Lands covered by a permit issued under
				  the Act; or
(c) Lands where
				  substantial legal and financial commitments in surface coal mining operations
				  were in existence prior to January 4, 1977.
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 762 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-762.14 - Exploration on land designated as unsuitable for surface coal mining operations

Current through Register Vol. 40, No. 24, July 15, 2024
Designation of any area as unsuitable for all or certain
					 types of surface coal mining operations pursuant to § 45.2-1028 of the Act
					 and this Subchapter does not prohibit coal exploration operations in the area,
					 if conducted in accordance with the Act, this chapter, and other applicable
					 requirements. Exploration operations on any lands designated unsuitable for
					 surface coal mining operations must be approved by the division under Part 772
					 to ensure that exploration does not interfere with any value for which the area
					 has been designated unsuitable for surface coal mining
					 operations.
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 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.11 - General process requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The Director's decisions concerning unsuitability petitions
					 shall be based upon competent, scientifically sound data and relevant
					 information and shall include the processes and requirements of this
					 Part.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.