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 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.60 - Terms and conditions for liability insurance

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division shall require the applicant
				  to submit prior to permit issuance a certificate issued by an insurance company
				  licensed to do business in the Commonwealth certifying that the applicant has a
				  public liability insurance policy in force for the surface coal mining and
				  reclamation operations for which the permit is sought. Such policy shall
				  provide for personal injury and property damage protection in an amount
				  adequate to compensate any persons injured or property damaged as a result of
				  the surface coal mining and reclamation operations, including the use of
				  explosives, and who are entitled to compensation under the applicable
				  provisions of Virginia law. Minimum insurance coverage under split limit for
				  bodily injury and property damage shall be $300,000 for each occurrence and
				  $500,000 aggregate. Minimum insurance coverage for bodily injury and property
				  damage combined shall be $1,000,000 for each occurrence and $1,000,000
				  aggregate.
(b) The policy shall be
				  maintained in full force during the life of the permit or any renewal thereof,
				  including the liability period necessary to complete all reclamation operations
				  under this chapter.
(c) The policy
				  shall include a rider requiring that the insurer notify the division whenever
				  substantive changes are made in the policy including any termination or failure
				  to renew.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.2 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
The regulations of this Part establish the procedures and
					 requirements for an alternative bonding system through which the division will
					 implement and administer the Coal Surface Mining Reclamation Fund (Pool Bond
					 Fund) as established under Article 5 (§ 45.2-1043 et seq.) of Chapter 10
					 of Title 45.2 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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.4 - Objective

Current through Register Vol. 40, No. 24, July 15, 2024
The objective of this Part is to set forth the
					 requirements and procedures that a participating applicant must comply with in
					 order to be relieved of the bonding requirements of 4VAC25-130-800.14 and
					 4VAC25-130-800.17.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.11 - Participation in the pool bond fund

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Participation in the Pool Bond Fund shall
				  be at the option of any applicant for a permit under the Act and the
				  regulations promulgated thereunder who can demonstrate to the division's
				  satisfaction at least a consecutive three-year history of compliance under the
				  Act or any other comparable State or Federal Act.
(b) All participants in the Pool Bond Fund
				  shall:
(1) Pay all entrance fees to the Pool
				  Bond Fund as required by 4VAC25-130-801.12(a); and
(2) Comply with the applicable parts of
				  § 45.2-1016 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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.12 - Entrance fee and bond

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  applicant filing a permit application for coal surface mining operations and
				  electing to participate in the Pool Bond Fund shall prior to permit issuance
				  pay into the Pool Bond Fund an entrance fee for the applicable permit
				  application. An entrance fee of $5,000 shall be required of all applicants who
				  elect to participate in the Fund when the total balance of the Fund is
				  determined to be less than $1,750,000. The entrance fee shall be reduced to
				  $1,000 when the total Fund balance is greater than $2 million. A renewal fee of
				  $1,000 shall be required of all permittees in the Fund at permit renewal. The
				  fee shall be made payable to the Treasurer of Virginia and shall be in the form
				  of cash, cashier's check, certified check, or personal check.
(b) An applicant electing to participate in
				  the Pool Bond Fund shall, in accordance with section 45.1-241 of the Code of
				  Virginia, furnish a bond as provided by 4VAC25-130-800.12, 4VAC25-130-800.14
				  and 4VAC25-130-800.16:
(1) For those
				  underground mining operations participating in the Fund prior to July 1, 1991,
				  in the amount of $1,000 per acre covered by the permit. In no event shall the
				  total bond be less than $40,000, except that on permits which have completed
				  all mining and for which completion reports have been approved prior to July 1,
				  1991, the total bond shall not be less than $10,000.
(2) For underground mining operations
				  entering the Fund on or after July 1, 1991, and for additional acreage bonded
				  on or after July 1, 1991, the amount of $3,000 per acre. In no event shall the
				  total bond for such underground operations entering the Fund on or after July
				  1, 1991, be less than $40,000.
(3)
				  For all other coal surface mining operations participating in the Fund prior to
				  July 1, 1991, the amount of $1,500 per acre covered by each permit. In no event
				  shall such total bond be less than $100,000, except that on permits which have
				  completed all mining and for which completion reports have been approved prior
				  to July 1, 1991, the total bond shall not be less than $25,000.
(4) For other coal mining operations entering
				  the Fund on or after July 1, 1991, and for additional acreage bonded on or
				  after July 1, 1991, the amount of $3,000 per acre. In no event shall the total
				  bond for such operations entering the Fund on or after July 1, 1991, be less
				  than $100,000.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.13 - Self-bonding

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  may accept a self-bond from the applicant of a proposed underground mining
				  operation.
(1) The applicant shall designate
				  the:
(i) Name and address of a suitable agent
				  to receive service of process in the Commonwealth.
(ii) Name and address of the certified public
				  accountant(s) who prepared the statement required by this section.
(iii) Location of the financial records used
				  to prepare the C.P.A. statement required by this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.14 - Reclamation tax

Current through Register Vol. 40, No. 24, July 15, 2024
(a) If at the end
				  of any calendar quarter the total balance of the Pool Bond Fund, including
				  interest thereon, is less than $1,750,000, the tax shall be initiated. All
				  permittees participating in the Pool Bond Fund shall pay within 30 days after
				  the end of each taxable calendar quarter, an amount equal to:
(1) Four cents per clean ton of coal produced
				  by the surface mining operation of the permit during the taxable calendar
				  quarter.
(2) Three cents per clean
				  ton of coal produced by the underground mining operation of the permit during
				  the taxable calendar quarter.
(3)
				  One and one-half cents per clean ton of coal processed or loaded by the
				  preparation or loading facility operation of the permit during the taxable
				  calendar quarter.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.15 - Collection of the reclamation tax and penalties for non-payment

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  shall notify, in writing, each permittee participating in the Pool Bond Fund,
				  at the end of each calendar quarter, of those periods during which the
				  reclamation taxes are applicable or deferred. The permittee shall on a
				  quarterly basis file a notarized copy of the "Coal Surface Mining Reclamation
				  Fund Tax Reporting Form" with the division: Attention Director. The permittee
				  shall file the report by permit and applicable tonnage mined, processed, and/or
				  loaded no later than the 15th day of the month after the end of each calendar
				  quarter, even if no coal was mined, processed and/or loaded on the
				  permit(s).
(b) Each permittee
				  participating in the Fund shall submit to the division's Big Stone Gap Office
				  full payment of the appropriate reclamation taxes required under
				  4VAC25-130-801.14(a) or (e) within 30 days after the end of the calendar
				  quarter, when the taxes are applicable. Payment of the reclamation taxes shall
				  be in cash, cashier's check, certified check or personal check made payable to
				  the Treasurer of Virginia.
(c)
				  Where the division has reason to suspect inaccurate reporting of the production
				  of clean tons of coal, it may request to audit the relevant books and records
				  of the permittee upon which the taxes paid under this Part are based. The
				  request shall be in writing and sent to the permittee or his authorized
				  representative by certified mail, return receipt requested. Failure to consent
				  to the request for the audit shall be deemed a violation of this Part and
				  subject to the enforcement procedures of Part 843. The audit shall be conducted
				  at reasonable times during normal business hours and the permittee shall be
				  given adequate advance notice of when the audit is to be conducted.
(d) If the permittee fails to make full
				  payment of the reclamation taxes due under 4VAC25-130-801.14, the division
				  shall issue a notice of violation in accordance with 4VAC25-130-843.12. The
				  notice shall state that upon failure to make full payment within 15 calendar
				  days thereafter, the division shall issue a cessation order to the permittee
				  for failure to abate the notice of violation. If the cessation order is issued,
				  the enforcement procedures of Part 843 shall apply.
(e) The division shall assess a civil penalty
				  in accordance with Part 845, for the permittee's violation of the conditions
				  set forth in this Part. Civil penalties imposed upon the permittee for
				  violation of this section, shall be placed in the Pool Bond Fund.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.16 - Reinstatement to the pool bond fund

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A permittee who has defaulted on any
				  reclamation obligation and has thereby caused the Pool Bond Fund to incur
				  reclamation expenses as a result thereof, shall not be eligible to participate
				  in the Pool Bond Fund for any new permit or any permit renewal thereafter until
				  full restitution for such default has been made to the Pool Bond Fund. The
				  Director at his discretion and with the recommendation from the Coal Surface
				  Mining Reclamation Pool Bond Fund Advisory Committee may require that the
				  person seeking reinstatement pay interest at the composite rate determined by
				  the Treasurer of Virginia compounded monthly.
(b) Compliance with Subsection (a) shall be a
				  prerequisite to the filing by the permittee of any new permit application or
				  renewal under the Act, but shall not affect the permittee's need to comply with
				  all other requirements of the Act and the regulations promulgated thereunder in
				  applying for a permit.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.17 - Bond release application

Current through Register Vol. 40, No. 24, July 15, 2024
The permittee participating in the Pool Bond Fund, or any
					 person authorized to act upon his behalf, may file an application with the
					 division for the Phase I, II or III release of the bond furnished in accordance
					 with 4VAC25-130-801.12 (b) for the permit area or any applicable increment
					 thereof. The bond release application, the procedural requirements and the
					 released percentages shall be consistent with the release criteria of
					 4VAC25-130-800.40. However, in no event shall the total bond of the permit be
					 less than the minimum amounts established pursuant to §§ 45.2-1016
					 and 45.2-1045 of the Virginia Coal Surface Mining Control and Reclamation Act
					 prior to completion of Phase III reclamation of the entire permit
					 area.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.18 - Criteria for release of bond

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  The division shall release bond furnished in accordance with §§
				  45.2-1016 and 45.2-1043 of the Virginia Coal Surface Mining Control and
				  Reclamation Act through the standards specified at 4VAC25-130-800.40 upon
				  receipt of an application for Phase I, II or III release.
(b) The division shall terminate jurisdiction
				  for the permit area, or any increment thereof upon approval of the Phase III
				  bond release for that area.
(c) In
				  the event a forfeiture occurs, the division may, after utilizing the available
				  bond monies, utilize the Fund as necessary to complete reclamation liabilities
				  for the permit area.
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 801 - Coal Surface Mining Reclamation Fund, Penalties, and Self-Bonding › Section 4VAC25-130-801.19 - Forfeiture

Current through Register Vol. 40, No. 24, July 15, 2024
In the event of bond forfeiture pursuant to
					 4VAC25-130-800.50, the bond submitted in accordance with 4VAC25-130-801.12(b)
					 shall:
(a) Be utilized by the division
				  in performing the necessary reclamation work before any monies are utilized
				  from the Pool Bond Fund; however,
(b) If an emergency, imminent danger or harm
				  to the public or environment exists, the division may utilize the Pool Bond
				  Fund for reclamation of those mining operations bonded pursuant to
				  4VAC25-130-801.12 (c) and (d) if the Director determines that collection will
				  delay the essential and necessary reclamation work required. Bond amounts
				  subsequently collected shall be deposited into the Pool Bond Fund, up to but
				  not exceeding the full amount of liabilities which the Pool Bond Fund
				  incurred.
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 815 - Permanent Program Performance Standards-Coal Exploration › Section 4VAC25-130-815.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part sets forth performance standards required for
					 coal exploration which substantially disturbs the natural land surface. If
					 necessary to provide adequate environmental protection or comply with the
					 standards of this chapter, coal exploration operations may be further required
					 to comply with the applicable standards of Parts 816 through
					 828.
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 815 - Permanent Program Performance Standards-Coal Exploration › Section 4VAC25-130-815.2 - Permitting information

Current through Register Vol. 40, No. 24, July 15, 2024
Notwithstanding cross-references in other Parts which may
					 be otherwise construed, Part 772 establishes the notice and permit information
					 requirements for coal exploration.
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 815 - Permanent Program Performance Standards-Coal Exploration › Section 4VAC25-130-815.13 - Required documents

Current through Register Vol. 40, No. 24, July 15, 2024
Each person who conducts coal exploration shall, while in
					 the exploration area, have available a copy of the filed notice of intention to
					 explore or a copy of the exploration permit for review by the authorized
					 representative of the division upon request.
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 815 - Permanent Program Performance Standards-Coal Exploration › Section 4VAC25-130-815.15 - Performance standards for coal exploration

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Habitats of unique or unusually high
				  value for fish, wildlife, and other related environmental values and critical
				  habitats of threatened or endangered species identified pursuant to the
				  Endangered Species Act of 1973 ( 16 USC § 1531 et seq.) shall not be
				  disturbed during coal exploration. Such habitats shall include wetlands,
				  riparian areas, cliffs supporting raptors, areas offering special shelter or
				  protection, reproduction and nursery areas, and wintering areas.
(b) All roads or other transportation
				  facilities used for coal exploration shall comply with the applicable
				  provisions of 4VAC25-130-816.150(b) through (f), 4VAC25-130-816.180 and
				  4VAC25-130-816.181.
(1) Vehicular travel on
				  other than established graded and surfaced roads shall be limited by the person
				  who conducts coal exploration to that absolutely necessary to conduct the
				  exploration. Travel shall be confined to graded and surfaced roads during
				  periods when excessive damage to vegetation or rutting of the land surface
				  could result.
(2) Any new road in
				  the exploration area which is used less than 6 months shall comply with the
				  provisions of 4VAC25-130-816.150. If the road will be frequently used longer
				  than 6 months, it shall comply with the provisions of
				  4VAC25-130-816.151.
(3) Existing
				  roads may be used for exploration in accordance with the following:
(i) All applicable Federal, State and local
				  requirements shall be met.
(ii) If
				  the road is significantly altered for exploration, including, but not limited
				  to, change of grade, widening, or change of route, or if use of the road for
				  exploration contributes additional suspended solids to streamflow or runoff,
				  then Paragraph (i) of this section shall apply to all areas of the road which
				  are altered or which result in such additional contributions.
(iii) If the road is significantly altered
				  for exploration activities and will remain as a permanent road after
				  exploration activities are completed, the person conducting exploration shall
				  ensure that the requirements of 4VAC25-130-816.150 through 4VAC25-130-816.152,
				  as appropriate, are met for the design, construction, alteration and
				  maintenance of the road.
(4) Promptly after exploration activities are
				  completed, existing roads used during exploration shall be reclaimed either--
(i) To a condition equal to or better than
				  their pre-exploration condition; or
(ii) To a condition required for permanent
				  roads under 4VAC25-130-816.150 through 4VAC25-130-816.152, as
				  appropriate.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.11 - Signs and markers

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Specifications. Signs and markers required under this Part shall-
(1) Be posted, maintained, and removed by the
				  person who conducts the surface mining activities;
(2) Be of a uniform design throughout the
				  operation that can be easily seen and read;
(3) Be made of durable material;
(4) For permit boundary markers on areas that
				  are located on steep slopes above private dwellings or other occupied
				  buildings, be made of or marked with fluorescent or reflective paint or
				  material; and
(5) Conform to local
				  ordinances and codes.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.13 - Casing and sealing of drilled holes; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each exploration hole, other drill or borehole, well, or
					 other exposed underground opening shall be cased, sealed, or otherwise managed,
					 as approved by the division, to prevent acid or other toxic drainage from
					 entering ground or surface waters, to minimize disturbance to the prevailing
					 hydrologic balance, and to ensure the safety of people, livestock, fish, and
					 wildlife, and machinery in the permit and adjacent areas. If these openings are
					 uncovered or exposed by surface mining activities within the permit area, they
					 shall be permanently closed, unless approved for water monitoring, or otherwise
					 managed in a manner approved by the division. Use of a drilled hole or borehole
					 or monitoring well as a water well must meet the provisions of
					 4VAC25-130-816.41. This section does not apply to holes solely drilled and used
					 for blasting.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.14 - Casing and sealing of drilled holes; temporary

Current through Register Vol. 40, No. 24, July 15, 2024
Each exploration hole, other drill or boreholes, wells and
					 other exposed underground openings which have been identified in the approved
					 permit application for use to return coal processing waste or water to
					 underground workings, or to be used to monitor ground water conditions in
					 either or both the saturated and unsaturated zone shall be temporarily sealed
					 before use and protected during use by barricades, or fences, or other
					 protective devices, approved by the division. These devices shall be
					 periodically inspected and maintained in good operating condition by the
					 permittee.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.15 - Casing and sealing of drilled holes; permanent

Current through Register Vol. 40, No. 24, July 15, 2024
When no longer needed for monitoring or other use approved
					 by the division upon a finding of no adverse environmental or health and safety
					 effect, or unless approved for transfer as a water well under
					 4VAC25-130-816.41, each exploration hole, other drilled hole or borehole, well,
					 and other exposed underground opening shall be capped, sealed, backfilled, or
					 otherwise properly managed, as required by the division under 4VAC25-130-816.13
					 and consistent with 30 CFR
					 75.1711 and the standards for oil and gas
					 wells of the Virginia Division of Gas and Oil, as appropriate. Permanent
					 closure measures shall be designed to prevent access to the mine workings by
					 people, livestock, fish and wildlife, and machinery, and to keep acid or other
					 toxic drainage from entering ground or surface waters.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.22 - Topsoil and subsoil

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Removal.
(1)
(i) All topsoil shall be removed as a
				  separate layer from the area to be disturbed, and segregated.
(ii) Where the topsoil is of insufficient
				  quantity or poor quality for sustaining vegetation, the materials approved by
				  the division in accordance with Paragraph (b) of this section shall be removed
				  as a separate layer from the area to be disturbed, and segregated.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.41 - Hydrologic-balance protection

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. All surface mining and reclamation activities shall be conducted to
				  minimize disturbance of the hydrologic balance within the permit and adjacent
				  areas, to prevent material damage to the hydrologic balance outside the permit
				  area, to assure the protection or replacement of water rights, and to support
				  approved postmining land uses in accordance with the terms and conditions of
				  the approved permit and the performance standards of this Part. The division
				  may require additional preventative, remedial, or monitoring measures to assure
				  that material damage to the hydrologic balance outside the permit area is
				  prevented. Mining and reclamation practices that minimize water pollution and
				  changes in flow shall be used in preference to water treatment.
(b) Ground-water protection. In order to
				  protect the hydrologic balance, surface mining activities shall be conducted
				  according to the plan approved under 4VAC25-130-780.21(h) and the following:
(1) Ground-water quality shall be protected
				  by handling earth materials and runoff in a manner that minimizes acidic,
				  toxic, or other harmful infiltration to ground-water systems and by managing
				  excavations and other disturbances to prevent or control the discharge of
				  pollutants into the ground water.
(2) Ground-water quantity shall be protected
				  by handling earth materials and runoff in a manner that will restore the
				  approximate premining recharge capacity of the reclaimed area as a whole,
				  excluding coal mine waste disposal areas and fills, so as to allow the movement
				  of water to the ground water system.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.42 - Hydrologic balance; water quality standards and effluent limitations

Current through Register Vol. 40, No. 24, July 15, 2024
Discharges of water from areas disturbed by surface mining
					 activities shall be made in compliance with all applicable State and Federal
					 water quality laws, standards and regulations and with the effluent limitations
					 for coal mining promulgated by the U.S. Environmental Protection Agency set
					 forth in 40 CFR 434.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.45 - Hydrologic balance; sediment control measures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Appropriate sediment control measures
				  shall be designed, constructed, and maintained using the best technology
				  currently available to:
(1) Prevent, to the
				  extent possible, additional contributions of sediment to streamflow or to
				  runoff outside the permit area,
(2)
				  Meet the more stringent of applicable State or Federal effluent
				  limitations,
(3) Minimize erosion
				  to the extent possible.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.46 - Hydrologic balance; siltation structures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) For the purposes of this section only,
				  "disturbed area" shall not include those areas-
(1) In which the only surface mining
				  activities include diversion ditches, siltation structures, or roads that are
				  designed, constructed and maintained in accordance with this Part;
				  and
(2) For which the upstream area
				  is not otherwise disturbed by the operator.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.47 - Hydrologic balance; discharge structures

Current through Register Vol. 40, No. 24, July 15, 2024
Discharge from sedimentation ponds, permanent and
					 temporary impoundments, coal processing waste dams and embankments, and
					 diversions shall be controlled, by energy dissipators, riprap channels, and
					 other devices, where necessary, to reduce erosion, to prevent deepening or
					 enlargement of stream channels, and to minimize disturbance of the hydrologic
					 balance. Discharge structures shall be designed according to standard
					 engineering-design procedures.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.56 - Postmining rehabilitation of sedimentation ponds, diversions, impoundments, and treatment facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Before abandoning a permit area or seeking bond release,
					 the permittee shall ensure that all temporary structures are removed and
					 reclaimed, and that all permanent sedimentation ponds, diversions,
					 impoundments, and treatment facilities meet the requirements of this chapter
					 for permanent structures, have been maintained properly, and meet the
					 requirements of the approved reclamation plan for permanent structures and
					 impoundments. The permittee shall renovate such structures if necessary to meet
					 the requirements of this chapter and to conform to the approved reclamation
					 plan.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.57 - Hydrologic balance; stream buffer zones

Current through Register Vol. 40, No. 24, July 15, 2024
(a) No land within 100 feet of a perennial
				  stream or an intermittent stream shall be disturbed by surface mining
				  activities, unless the division specifically authorizes surface mining
				  activities closer to, or through, such a stream. The division may authorize
				  such activities only upon finding that-
(1)
				  Surface mining activities will not cause or contribute to the violation of
				  applicable State or Federal water quality standards, and will not adversely
				  affect the water quantity and quality or other environmental resources of the
				  stream; and
(2) If there will be a
				  temporary or permanent stream-channel diversion, it will comply with
				  4VAC25-130-816.43.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.59 - Coal recovery

Current through Register Vol. 40, No. 24, July 15, 2024
Surface mining activities shall be conducted so as to
					 maximize the utilization and conservation of the coal, while utilizing the best
					 appropriate technology currently available to maintain environmental integrity,
					 so that reaffecting the land in the future through surface coal mining
					 operations is minimized.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.61 - Use of explosives; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Compliance with other laws. Each
				  permittee shall comply with all applicable State and Federal laws and
				  regulations in the use of explosives.
(b) Blasting schedule. Blasts that use more
				  than five pounds of explosive or blasting agent shall be conducted according to
				  the schedule required under 4VAC25-130-816.64.
(c) Blasters.
(1) All blasting operations in the State
				  shall be conducted under the direction of a certified blaster certified in
				  accordance with Part 850.
(2)
				  Certificates of blaster certification shall be carried by blasters or shall be
				  on file at the permit area during blasting operations.
(3) A blaster and at least one other person
				  shall be present at the firing of a blast.
(4) Persons responsible for blasting
				  operations at a blasting site shall be familiar with the blasting plan and
				  site-specific performance standards.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.62 - Use of explosives; preblasting survey

Current through Register Vol. 40, No. 24, July 15, 2024
(a) At least 30 days before initiation of
				  blasting, the permittee shall notify, in writing, all residents or owners of
				  dwellings or other structures located within 1/2 mile of the permit area how to
				  request a preblasting survey.
(b) A
				  resident or owner of a dwelling or structure within 1/2 mile of any part of the
				  permit area may request a preblasting survey. This request shall be made, in
				  writing, directly to the permittee or to the division, who shall promptly
				  notify the permittee. The permittee shall promptly conduct a preblasting survey
				  of the dwelling or structure and promptly prepare a written report of the
				  survey. An updated survey of any additions, modifications, or renovations shall
				  be performed by the permittee if requested by the resident or owner. The
				  request for an updated survey shall be in writing and describe the additions,
				  modifications, or renovations which are to be surveyed.
(c) The permittee shall determine the
				  condition of the dwelling or structure and shall document any preblasting
				  damage and other physical factors that could reasonably be affected by the
				  blasting. Structures such as pipelines, cables, transmission lines, and
				  cisterns, wells, and other water systems warrant special attention; however,
				  the assessment of these structures may be limited to surface conditions and
				  other readily available data.
(d)
				  The written report of the survey shall be signed by the person who conducted
				  the survey. Copies of the report shall be promptly provided to the division and
				  to the person requesting the survey. If the person requesting the survey
				  disagrees with the contents and/or recommendations contained therein, he may
				  submit to both the permittee and the division a detailed description of the
				  specific areas of disagreement.
(e)
				  Any surveys requested more than 10 days before the planned initiation of
				  blasting shall be completed by the permittee before the initiation of blasting.
				  Any surveys requested after permit approval but less than 10 days before the
				  planned initiation of blasting shall be completed by the permittee within 30
				  days of the request, except that reasonable time extensions may be approved by
				  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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.64 - Use of explosives; blasting schedule

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General requirements.
(1) The permittee shall conduct blasting
				  operations at times approved by the division and announced in the blasting
				  schedule. The division may limit the area covered, timing, and sequence of
				  blasting as listed in the schedule, if such limitations are necessary and
				  reasonable in order to protect the public health and safety or
				  welfare.
(2) All blasting shall be
				  conducted during daylight hours. The division may specify more restrictive time
				  periods for blasting.
(3)
				  Unscheduled blasts may be conducted only where public or permittee health and
				  safety so require and for emergency blasting actions. When a permittee conducts
				  an unscheduled blast, the permittee, using audible signals, shall notify
				  residents within 1/2 mile of the blasting site and document the reason for the
				  unscheduled blast in accordance with 4VAC25-130-816.68(p).
(4) Seismic monitoring shall be conducted
				  when blasting operations on coal surface mining operations are conducted within
				  1,000 feet of a private dwelling or other occupied building.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.66 - Use of explosives; blasting signs, warnings, and access control

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Blasting signs.
				  Blasting signs shall meet the specifications of 4VAC25-130-816.11.
(b) Warnings. Warning and all-clear signals
				  of different character or pattern that are audible within a range of 1/2 mile
				  from the point of the blast shall be given. Each person within the permit area
				  and each person who resides or regularly works within 1/2 mile of the permit
				  area shall be notified of the meaning of the signals in the blasting
				  schedule.
(c) Access control.
				  Access within the blasting area shall be controlled to prevent presence of
				  livestock or unauthorized persons during blasting and until an authorized
				  representative of the permittee has reasonably determined that-
(1) No unusual hazards, such as imminent
				  slides or undetonated charges, exist; and
(2) Access to and travel within the blasting
				  area can be safely resumed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.67 - Use of explosives; control of adverse effects

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General requirements. Blasting shall be
				  conducted to prevent injury to persons, damage to public or private property
				  outside the permit area, adverse impacts on any underground mine, and change in
				  the course, channel, or availability of surface or ground water outside the
				  permit area.
(b) Airblast.
(1) Limits.
(i) Airblast shall not exceed the maximum
				  limits listed below at the location of any dwelling, public building, school,
				  church, or community or institutional building outside the permit area, except
				  as provided in Paragraph (e) of this section.
Lower frequency limit of measuring system, in Hz
							 (±3 dB)
Maximum level, in dB
0.1 Hz or lower - flat
							 response1
134 peak
2 Hz or lower - flat response
133 peak
6 Hz or lower - flat response
129 peak
C-weighted-slow response1
105 peak dBC
1Only when approved by the
							 division
(ii) If necessary to prevent damage, the
				  division shall specify lower maximum allowable airblast levels than those of
				  Paragraph (b)(1)(i) of this section for use in the vicinity of a specific
				  blasting operation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.68 - Use of explosives; records of blasting operations

Current through Register Vol. 40, No. 24, July 15, 2024
The permittee shall retain a record of all blasts for at
					 least three years. Upon request, copies of these records shall be made
					 available to the division and to the public for inspection. Such records shall
					 contain the following data:
(a) Name
				  of the permittee conducting the blast.
(b) Location, date, and time of the
				  blast.
(c) Name, signature, and
				  certification number of the blaster conducting the blast.
(d) 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 permit area,
				  except those described in 4VAC25-130-816.67(e).
(e) Weather conditions, including those which
				  may cause possible adverse blasting effects.
(f) Type of material blasted.
(g) Sketches of the blast pattern including
				  number of holes, burden, spacing, decks, and delay pattern.
(h) Diameter and depth of holes.
(i) Types of explosives used.
(j) Total weight of explosives used per
				  hole.
(k) The maximum weight of
				  explosives detonated in an 8-millisecond period.
(l) Initiation system.
(m) Type and length of stemming.
(n) Mats or other protections used.
(o) Seismographic and airblast records, if
				  required, which shall include-
(1) Type of
				  instrument, sensitivity, and calibration signal or certification of annual
				  calibration;
(2) Exact location of
				  instrument and the date, time, and distance from the blast;
(3) Name of the person and firm taking the
				  reading;
(4) Name of the person and
				  firm analyzing the seismographic record; and
(5) The vibration and/or airblast level
				  recorded.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.71 - Disposal of excess spoil; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. Excess spoil shall be placed in
				  designated disposal areas within the permit area, in a controlled manner to-
(1) Minimize the adverse effects of leachate
				  and surface water runoff from the fill on surface and ground waters;
(2) Ensure mass stability and prevent mass
				  movement during and after construction; and
(3) Ensure that the final fill is suitable
				  for reclamation and revegetation compatible with the natural surroundings and
				  the approved postmining land use.