reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-290 - Intensive agricultural use

Current through Register Vol. 40, No. 24, July 15, 2024
If the post-mining use is to be intensive agriculture, then
					 planting and harvesting of a normal crop yield is required to meet the
					 regulatory requirements for full or partial bond release. A normal yield for a
					 particular crop is equal to the five-year average for the county. If crop yield
					 data is unavailable, then other methods to determine suitability for bond
					 release may be utilized as acceptable to the director. The use of grass, water
					 bars, or diversion strips and natural vegetative drainage control may be
					 required in the initial planting year as specified by the director.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-300 - Inspections for adequacy of vegetation and bond release

Current through Register Vol. 40, No. 24, July 15, 2024
A. Final inspection for bond release shall be
				  made no sooner than two growing seasons after the last seeding.
B. Final inspection for bond release shall
				  require:
1. No noncritical areas larger than
				  one-half acre shall be allowed to exist with less than 75% ground cover.
				  Vegetation shall exhibit growth characteristics for long-term
				  survival.
2. Seeded portions of
				  critical areas shall have adequate vegetative cover so the area is completely
				  stabilized.
3. Bond release
				  inspections for industrial, residential, or commercial post-mining use shall
				  ensure that:
a. All areas not redisturbed by
				  implementation of the post-mining use are reclaimed and satisfactorily
				  stabilized.
b. All areas associated
				  with construction of buildings or residential dwellings for post-mining use are
				  covered by appropriate plans approved by the local governing body, i.e.,
				  erosion and sediment control plans, building permits, and development
				  plans.
c. All areas not covered by
				  such approved local government plans shall be reclaimed and stabilized in
				  accordance with subdivisions 1 and 2 of this subsection prior to release of
				  bond.
4. Bond release
				  inspections for other post-mining uses will ensure that all areas not directly
				  used by the post-mining use are stabilized in accordance with subdivisions 1
				  and 2 of this subsection and that the post-mining use is implemented.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-310 - Bond forfeiture

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the
				  permittee refuses or is unable to comply with an order by the director under
				  § 45.2-1213 of the Code of Virginia, fails to comply with the terms of the
				  permit, or defaults on the conditions under which the bond was accepted, the
				  division shall take the following action to revoke the permit and forfeit the
				  bond or bonds for the permit area or a portion of the permit area:
1. Send written notification by certified
				  mail, return receipt requested, to the permittee and the surety on the bond
				  informing them of the decision to revoke the permit and forfeit all or part of
				  the bond, and the reasons for this action.
2. Advise the permittee and surety of the
				  conditions under which forfeiture may be avoided. Such conditions may include:
a. Agreement by the permittee or another
				  party to perform reclamation operations in accordance with a compliance
				  schedule acceptable to the division, which meets the conditions of the permit
				  and the reclamation plan, and demonstrates that such party has the ability to
				  satisfy the conditions; or
b. The
				  division may allow a surety to complete the reclamation plan if the surety can
				  demonstrate an ability to complete the reclamation in accordance with the
				  approved reclamation plan. Except where the division may approve partial
				  release, no surety liability shall be released until successful completion of
				  all reclamation under the terms of the permit.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-330 - Protected structures and sensitive features

Current through Register Vol. 40, No. 24, July 15, 2024
Mining activities shall be conducted in a manner that
					 protects state waters, cemeteries, oil and gas wells, underground mine
					 workings, public utilities, and utility lines, buildings, roads, schools,
					 churches, and occupied dwellings.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-340 - Signs

Current through Register Vol. 40, No. 24, July 15, 2024
A permanent sign shall be installed on the mining site
					 adjacent to the principal access road and shall be visible and legible to
					 access road traffic. The name of the permittee and the permit number shall be
					 on the marker.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-350 - Roads

Current through Register Vol. 40, No. 24, July 15, 2024
A. Internal service
				  roads and principal access roads shall be planned to minimize the impact of
				  traffic, dust, and vehicle noise on developed areas outside the mining
				  site.
B. Construction standards.
1. The integrity of drainageways shall be
				  maintained. If natural drainageways are altered or relocated during
				  construction, adjoining landowners shall be protected from damage resulting
				  from construction.
2. Drainage
				  structures shall be required in order to cross a stream channel. Such
				  structures shall be constructed with consideration for surrounding drainage
				  acreage and culvert size, and slope so as not to restrict the flow of the
				  stream, i.e., the bridge or culverts shall be of adequate size to permit stream
				  flow throughout the seasonal periods during the life of the mine permit.
				  Temporary stream crossings for pioneer roads shall be for infrequent use,
				  stable, only used in low flow times, and shall not contribute to sedimentation
				  off-site.
3. Roads shall be located
				  away from streams wherever possible.
4. Road surfaces and ditches shall be
				  stabilized. Side slopes shall be constructed in a stable manner to minimize
				  erosion and sedimentation.
5.
				  Ditches shall be constructed where necessary, with consideration for
				  surrounding drainage acreage and slope and shall have sufficient capacity to
				  control surface run-off.
6.
				  Culverts shall be installed in accordance with the following standards:
a. Relief culverts shall be installed at
				  intervals to prevent overloading of ditches.
b. Culverts shall be placed on a minimum
				  grade to ensure free drainage and be covered by compacted fill as specified by
				  the manufacturer.
c. The inlet end
				  shall be protected by a headwall of a suitable material such as a concrete
				  retaining wall, sand bags, rock riprap, or other approved material.
d. The outlet end shall discharge onto an
				  apron of rock riprap or other approved material. Where practical, the outlet
				  end shall be placed below the toe of the fill. At no time should run-off be
				  allowed to flow over an unprotected fill slope.
e. All culverts shall have the capacity to
				  carry storm run-off and shall be properly maintained.
7. Sediment control shall be provided for
				  roads to minimize sediment that leaves the disturbed area.
8. Dust from roads shall be adequately
				  controlled.
9. Roads shall be
				  surfaced and maintained to prevent the depositing of mud and debris on public
				  roads.
10. Roads shall not be
				  surfaced with any acid producing material or any material that will introduce a
				  high concentration of suspended solids into surface drainage.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-360 - Operation and reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Mining operations shall be conducted to minimize adverse effects on the
				  environment and facilitate integration of reclamation with mining operations
				  according to the special requirements of individual mineral types and the
				  approved operation, drainage, and reclamation plans. Mining shall be conducted
				  to minimize the acreage that is disturbed, and reclamation shall be conducted
				  simultaneously with mining to the extent feasible.
B. Open pit mining of unconsolidated material
				  shall be performed in such a way that extraction and reclamation are conducted
				  simultaneously.
C. Mining
				  activities shall be conducted so that the impact on water quality and quantity
				  are minimized. Mining below the water table shall be done in accordance with
				  the mining plan under
				  4VAC25-31-130.
D. Permanent lakes or ponds created by mining
				  shall be equal to or greater than four feet deep, or otherwise constructed in a
				  manner acceptable to the director.
E. Excavation shall be done in such a manner
				  as to keep storm drainage flowing toward sediment control structures.
				  Diversions shall be used to minimize storm runoff over disturbed
				  areas.
F. The mining operation
				  shall be planned to enhance the appearance to the public during mining and to
				  achieve simultaneous and final reclamation.
G. At the completion of mining, all entrances
				  to underground mines shall be closed or secured and the surface area reclaimed
				  in accordance with the mineral mining plan.
H. Reclamation shall be completed to allow
				  the post-mining land use to be implemented. After reclamation, the post mining
				  land use shall be achievable and compatible with surrounding land use. All
				  necessary permits and approvals for the post-mining land use shall be obtained
				  prior to implementation.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450
						).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-370 - Slopes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The grade of
				  completed slopes shall be as described in the mineral mining plan. Long
				  uninterrupted slopes shall be provided with drainage control structures, such
				  as terraces, berms, and waterways, to minimize erosion due to surface
				  run-off.
B. Slopes shall be
				  stabilized, protected with a permanent vegetative or riprap covering, and shall
				  not be eroded.
C. Constructed cut
				  or fill slopes shall not extend closer than 25 feet to any property boundary
				  without the written permission of the adjoining property owner and the approval
				  of the director.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-380 - Treatment of acid material

Current through Register Vol. 40, No. 24, July 15, 2024
All acid material encountered during the mining operation
					 shall be properly controlled to prevent adverse impacts on surface or
					 groundwater quality. Upon completion of mining, acid materials shall be covered
					 with a material capable of shielding them and supporting plant cover in
					 accordance with the approved reclamation plan. Unless otherwise specified by
					 the director, the minimum cover shall be four feet in depth.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-390 - Handling of spoil piles and stockpiles of minerals

Current through Register Vol. 40, No. 24, July 15, 2024
A. All spoil piles will be graded in
				  accordance with the mineral mining plan in such a manner as to minimize
				  sediment run-off.
B. Stockpiles of
				  minerals shall be removed to ground level and the area shall be scarified and
				  planted in accordance with the approved mineral mining plan. The director shall
				  allow a reasonable time for sale of stockpiles.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-400 - Overburden, refuse, spoil and waste fills

Current through Register Vol. 40, No. 24, July 15, 2024
A. Overburden, refuse, spoil and waste
				  disposal fills with the capability to impound water, sediment or slurried
				  tailings, slimes or refuse in a liquid, or semi-liquid state, shall be designed
				  and constructed in accordance with
				  4VAC25-31-500.
B. Overburden, refuse, spoil and waste
				  disposal fills that do not have the capability to impound water or other liquid
				  or semi-liquid materials, shall meet the requirements of this
				  section.
C. Fills that are not
				  impoundments shall be designed to meet the requirements of this section and use
				  current, prudent engineering practices.
D. The plans and specifications for fills
				  shall consist of an engineering design report that includes engineering
				  calculations, drawings, and specifications. These shall take into account the
				  size, location, and hazard potential of the fill and will include the following
				  as necessary:
1. A site plan showing the
				  location of the structure, associated access, surface and subsurface drainage
				  systems, sediment control structures, and the proposed fill
				  configuration.
2. Cross sections
				  and profiles showing the original ground, proposed fill profile, location of
				  terraces and constructed slopes.
3.
				  Design details for all surface and subsurface drainage control
				  structures.
4. A narrative
				  description of site preparation, foundation evaluation and preparation,
				  materials placement, material handling, and sequencing of
				  construction.
5. A closure and
				  final reclamation plan for the fill and associated structures.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-405 - Disposal of waste

Current through Register Vol. 40, No. 24, July 15, 2024
On-site generated mine waste shall not be disposed of
					 within the permitted mine area without prior approval. On-site generated mine
					 waste is approved for use as fill on the mining site provided they are capped
					 with an adequate cover and seeding is established per the approved reclamation
					 plan. Off-site generated inert waste shall not be brought onto the mine
					 permitted area or disposed of on the mine permitted area without prior
					 approval.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450
						).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-410 - Storage of top soil

Current through Register Vol. 40, No. 24, July 15, 2024
A. Top soil
				  required for reclamation shall be stored with a maximum slope of 2:1 and in
				  such a manner as to remain available for reclamation. The operator shall retain
				  a minimum quantity sufficient to cover all disturbed areas to be reclaimed with
				  six inches of top soil or as specified in an approved operations plan. Top soil
				  will be needed for future reclamation and shall not be removed from the
				  permitted area unless authorized by the division.
B. The stockpiled top soil shall be seeded
				  with quick growing grasses or legumes for stabilization until used in final
				  reclamation.
C. The provisions of
				  this section shall not apply to sand and gravel operations in the Coastal Plain
				  physiographic province.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450
						).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-420 - Screening

Current through Register Vol. 40, No. 24, July 15, 2024
A. Screening shall
				  be provided for sound absorption and to improve the appearance of the mining
				  site from public roads, public buildings, recreation areas, and occupied
				  dwellings.
B. If screening is to be
				  undisturbed forest, a distance of 100 feet must be left undisturbed within the
				  permit boundary. Less than 100 feet may be approved if the natural vegetation
				  provides the needed screening benefits between the mining operation and the
				  adjacent property. Planted earth berms, tree plantings, natural topography, or
				  appropriately designed fences or walls may be used if approved in the mineral
				  mining plan.
C. On permanent berms
				  for screening, the spoils shall be initially placed on the proposed berm area,
				  and top soil shall be spread over the berm, not less than six inches in
				  thickness, and if possible, 12 inches in thickness. The remaining top soil
				  shall be placed in a designated area for future spreading on other areas that
				  need top dressing. The screening berm shall be seeded or planted in accordance
				  with the approved reclamation plan.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450
						).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-430 - Completion of active mining

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Except as provided in subsection B of this section and with the director's
				  approval, a mining operation where no mineral has been removed or overburden
				  removed or regraded, or where no substantial mine-related activity has been
				  conducted for a period of 12 consecutive months shall be declared complete, and
				  total reclamation shall begin.
B.
				  At the option of the operator and with the director's approval, an operation
				  may remain under permit for an indefinite period during which no mineral or
				  overburden is removed if the following conditions are met to the director's
				  satisfaction:
1. All disturbed areas are
				  reclaimed or adequately stabilized, or all erosion and sediment control systems
				  are maintained in accordance with mining plans and proper engineering
				  practices.
2. All drainage
				  structures are constructed and maintained in accordance with mining plans and
				  proper engineering practices.
3.
				  All vegetation is maintained, including reseeding if necessary.
4. All improvements on site, including
				  machinery and equipment, are maintained in a state of good repair and
				  condition.
If the conditions listed in this subsection are not met,
					 the permit may be revoked by the director in accordance with § 45.2-1213
					 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-440 - Drainage and sediment control

Current through Register Vol. 40, No. 24, July 15, 2024
All mining operations shall have adequate drainage,
					 erosion, and sediment control measures installed and maintained in accordance
					 with the approved drainage plan or as acceptable to the division. Drainage from
					 disturbed areas shall be directed into a sediment control structure before it
					 is discharged from the permitted area. If adequate drainage, erosion, and
					 sediment control measures cannot be provided, the permit for the affected
					 portion or the entire mine may be denied.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450
						).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-450 - Sediment basins

Current through Register Vol. 40, No. 24, July 15, 2024
Sediment basins shall be located as close to the disturbed
					 area as possible. Sediment basins shall not be located in perennial streams.
					 Sediment control measures shall be installed prior to land disturbing
					 activities within the drainage area controlled by the sediment basin. Each
					 primary sediment basin shall provide at least 0.125 acre feet of storage
					 capacity for each acre of disturbed land draining to it. Storage basins shall
					 be cleaned as necessary to ensure proper functioning before they reach 60%
					 capacity. Alternate sediment control measures that are as effective as sediment
					 basins may be approved. The measures may include reduced basin storage capacity
					 for small short-term disturbances, sediment channels, check dams, or mining
					 methods that incorporate sediment control.
Statutory Authority: §§
												45.1-161.3
						and
						45.1-180.3
						of the Code of Virginia (4VAC25-31-120,
						4VAC25-31-130,
						4VAC25-31-170,
						4VAC25-31-240,
						4VAC25-31-360,
						4VAC25-31-405,
						4VAC25-31-410,
						4VAC25-31-420,
						4VAC25-31-430,
						4VAC25-31-440,
						4VAC25-31-450 ).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-460 - Intermittent or perennial streams

Current through Register Vol. 40, No. 24, July 15, 2024
All intermittent or perennial streams shall be protected
					 from spoil by natural or constructed barriers. Stream channel diversions shall
					 safely pass the peak run-off from a 10-year, 24-hour storm. Stream channel
					 diversions shall be at least equal to the capacity of the unmodified stream
					 channel immediately upstream and downstream of the diversion.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-470 - Natural drainageways

Current through Register Vol. 40, No. 24, July 15, 2024
Drainageways shall be identified on the map submitted with
					 the application. If it is necessary for the operation to cross or fill such a
					 drainageway, properly engineered drainage structures shall be provided to allow
					 free-flowing drainage and minimize erosion. Where necessary, water-retarding
					 structures shall be placed in drainageways.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-480 - Diversions

Current through Register Vol. 40, No. 24, July 15, 2024
Surface water diversions shall be installed as necessary
					 where run-off has the potential for damaging property, causing erosion,
					 contributing to water pollution, flooding or interfering with the establishment
					 of vegetation. Diversions that will be removed in 18 months or less shall
					 convey the peak run-off of a 1-year, 24-hour storm. Diversions that function
					 more than 18 months shall be able to convey the peak run-off of a 10-year,
					 24-hour storm.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-490 - Water quality

Current through Register Vol. 40, No. 24, July 15, 2024
The pH of all water discharge resulting from the mining of
					 minerals shall be between pH 6.0 and pH 9.0 unless otherwise approved by the
					 director. In addition, discharges shall be in compliance with applicable
					 standards established by the Department of Environmental Quality (9VAC25-260-20 ).
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-505 - Reporting impoundment failures

Current through Register Vol. 40, No. 24, July 15, 2024
If upon examination an operator determines that any water
					 impounding structure in the permitted area has failed partially or completely,
					 the incident must be reported to the division immediately.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-510 - Alternative methods of stabilization

Current through Register Vol. 40, No. 24, July 15, 2024
Riprap shall be used for the control of erosion on those
					 areas where it is impractical to establish vegetation or other means of erosion
					 control or in any areas where rock riprap is an appropriate means of
					 reclamation. Placing of rock riprap shall be in accordance with drainage
					 standards and the approved mineral mining plan. Other methods of stabilization
					 may include gabions, concrete, shotcrete, geotextiles, and other means
					 acceptable to the director.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-520 - Revegetation

Current through Register Vol. 40, No. 24, July 15, 2024
Disturbed land shall be stabilized as quickly as possible
					 after it has been disturbed with a permanent protective vegetative cover. The
					 Mineral Mine Operator's Manual provides guidance in the revegetation of surface
					 mined areas. Exposed areas subject to erosion on an active mining site shall be
					 protected by a vegetative cover or by other approved methods. Simultaneous
					 revegetation shall be incorporated into the mineral mining plan. Reclamation
					 shall be completed on areas where mining has ceased.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-530 - Process in revegetation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Slopes shall
				  be graded in keeping with good conservation practices acceptable to the
				  division. Slopes shall be provided with proper structures such as terraces,
				  berms, and waterways, to accommodate surface water where necessary and to
				  minimize erosion due to surface run-off. Slopes shall be stabilized, protected
				  with a permanent vegetative or riprap covering and not be in an eroded state at
				  the time reclamation is complete.
B. Crusted and hard soil surfaces shall be
				  scarified prior to revegetation. Steep graded slopes shall be tracked (running
				  a cleated crawler tractor or similar equipment up and down the
				  slope).
C. Application of lime and
				  fertilizer shall be performed based on soil tests and the revegetation
				  requirements in the approved reclamation plan.
D. Vegetation shall be planted or seeded and
				  mulched according to the mixtures and practices included in the approved
				  reclamation plan.
E. The seed used
				  must meet the purity and germination requirements of the Virginia Department of
				  Agriculture and Consumer Services. The division may, at its discretion, take
				  samples for laboratory testing. Noncritical vegetated areas shall achieve
				  adequate cover so that no areas larger than one-half acre shall exist with less
				  than 75% cover after two growing seasons. Seeded portions of critical areas
				  shall have adequate vegetative cover so the area is completely
				  stabilized.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part IV - Performance Standards › Section 4VAC25-31-540 - Trees and shrubs

Current through Register Vol. 40, No. 24, July 15, 2024
Trees and shrubs shall be planted according to the specific
					 post-mining land use, regional adaptability, and planting requirements included
					 in the approved reclamation plan. For forest and wildlife post-mining land
					 uses, at least 400 healthy plants per acre shall be established after two
					 growing seasons.
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part V - Orders › Section 4VAC25-31-560 - Informal review

Current through Register Vol. 40, No. 24, July 15, 2024
Orders of the director may be reviewed through informal
					 processes in accordance with § 2.2-4019 of the Code of
					 Virginia.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part V - Orders › Section 4VAC25-31-570 - Formal review

Current through Register Vol. 40, No. 24, July 15, 2024
Orders of the director, which are final agency actions for
					 which no further informal resolution is available, shall be appropriately
					 identified and may be appealed in accordance with § 45.2-1226 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 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part V - Orders › Form - FORMS (4VAC25-31)

Current through Register Vol. 40, No. 24, July 15, 2024
Permit/License Application, DMM-101 (rev. 2/06)
Notice of Application to Mine, DMM-103 (rev. 2/06)
Statement Listing the Names and Addresses of Adjoining
					 Property Owners, DMM-103a; included in DMM-103 Notice of Application to Mine
					 (rev. 2/06)
Bond
					 Release Inspection, DMM-104d (rev. 12/09)
Yearly Progress Report, DMM-105 (rev. 2/06)
Surety Bond, DMM-107 (rev. 4/09)
Irrevocable
					 Standby Letter of Credit, DMM-108 (eff. 6/13)
Legend,
					 DMM-109 (rev. 2/11)
Relinquishment of Mining Permit, DMM-112 (rev. 2/06)
Request for Amendment, DMM-113 (rev. 2/06)
Consolidated Biennial Report of Waivered Counties, Cities,
					 and Towns, DMM-116 (rev. 2/06)
Biennial Waivered Counties, Cities, and Towns, Report of
					 Individual Mining Companies, DMM-117 (rev. 2/06)
Consent for Right of Entry, DMM-120 (rev. 12/99)
Mineral Mining Annual Tonnage Report, DMM-146 (rev.
					 2/06)
Mineral
					 Mining Annual Report for Contractors, DMM-146c (rev. 12/11)
DMM Application Checklist, DMM-148 (rev. 2/06)
Request for Release of Mine Map, DMM-155 (rev. 2/06)
Notice of Operator Intent, DMM-156 (rev. 2/06)
License Renewal/Transfer Application, DMM-157 (rev.
					 2/06)
Permit Transfer Acceptance, DMM-161 (rev. 2/06)
Permit Renewal Checklist, DMM-163 (rev. 2/06)
Certification of No Change, DMM-164 (rev. 3/06)
Surety Bond Rider, DMM-167 (rev. 2/06)
General Permit for Sand and Gravel Operations Less Than Ten
					 Acres in Size, DMM-168 (eff. 9/03)
Certificate of Deposit, DMM-169 (eff.
					 2/06)
Statutory Authority: §§ 45.1-161.3 and
						45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part I - General and Specific Requirements › Section 4VAC25-35-5 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and items when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Commencing work" means after employment but before
					 beginning job duties.
"Department" means the Department of Energy.
"Division" means the Division of Mineral Mining of the
					 Department of Energy.
"MSHA" means the federal Mine Safety and Health
					 Administration.
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 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part I - General and Specific Requirements › Section 4VAC25-35-10 - Initial certification requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  shall submit:
1. An application for
				  certification examination in a form acceptable to the division.
2. Verification of all degrees required for
				  certification and a valid first aid certificate as noted in Part II, Minimum
				  Certification Requirements (4VAC25-35-50 et seq.).
				  When not otherwise specified, first aid certifications shall be issued by an
				  organization that uses nationally recognized standards and is approved by the
				  division, e.g., American Red Cross and National Safety Council.
3. A $10 fee for each examination application
				  received at least five working days prior to an examination. Cash will be
				  accepted if paying in person at a department office.
4. Verification of work experience in a form
				  acceptable to the division and documentation of equivalent work experience for
				  approval by the division, if required for the certification. Work experience
				  shall be verified by a company official who is knowledgeable of the experience
				  of the applicant.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part I - General and Specific Requirements › Section 4VAC25-35-20 - Examination requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  applicants for certification shall take an examination except candidates for
				  the general mineral miner certification and electrical certification applicants
				  who hold a valid journeyman or master electrical license issued by the
				  Department of Professional and Occupational Regulation. Applicants for the
				  foreman certification shall score at least 85% and applicants for other
				  certifications shall score at least 80% on each section of the examination.
				  Examinations will be given in a manner specified by the division, including,
				  but not limited to, online or written examinations.
B. If all or part of an examination is
				  failed, the applicant must pay the examination fee and retake the failed
				  section or sections within 90 days to continue the certification process. If a
				  section of the examination is failed a second time, the applicant must pay the
				  fee and retake the entire examination. If the examination is failed on the
				  third try, the applicant must pay the fee and wait the longer of 90 days from
				  the re-examination date or one year from the initial examination date before
				  retaking the entire exam. After the third attempt, the application cycle starts
				  over.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part I - General and Specific Requirements › Section 4VAC25-35-30 - Reciprocity requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Reciprocity shall be available for certified persons in
					 other states as provided for in § 45.2-1118 of the Code of Virginia.
					 Applicants for reciprocity must submit proof of current certification,
					 examination grades, and documentation of equivalent work experience for review
					 and approval by the department.
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 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part I - General and Specific Requirements › Section 4VAC25-35-40 - Renewal requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The division
				  will send renewal notices to the last known address of the certificate holder
				  at least 180 days prior to the expiration of the certificate. Certified persons
				  shall apply for renewal of certificates by submitting an application for
				  renewal and verification of work experience in a form acceptable to the
				  division no more than 180 days prior to the expiration of their certificate.
				  The application shall be submitted in time to be received at least five working
				  days prior to the date of the examination or refresher class.
B. Certified persons, except mine inspectors,
				  who have worked in the classification for which they are certified for a
				  cumulative minimum of 24 months in the last five years shall select one of two
				  options to renew their certificates; either take an examination or complete a
				  refresher class on any changes in regulations and law since the initial
				  certification or the certificate was last renewed.
C. Certified persons shall take the
				  examination described in
				  4VAC25-35-20 if their certificate
				  has expired, they have not worked in the classification for which they are
				  certified for a cumulative minimum of 24 months in the last five years, or the
				  division has issued the individual violations that have not been
				  corrected.
D. Successful completion
				  of the mine inspector renewal shall suffice for renewing the mine foreman
				  certification.
E. Applicants for
				  renewal of certifications shall hold a valid first aid certificate to renew
				  their certification.
F. Applicants
				  shall submit a $10 fee for the examination or the refresher class which shall
				  be received at least five working days prior to the examination or class. Cash
				  will be accepted if paying in person at a department office.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-50 - Underground foreman

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  for certification as an underground foreman shall possess five years mining
				  experience at an underground mineral mine or equivalent work experience
				  approved by the division.
B.
				  Applicants may be given three years credit for a surface foreman certificate or
				  bachelor's degree in mining engineering, mining technology, civil engineering
				  or geology, or two years credit for an associate's degree in mining technology
				  or civil technology.
C. Applicants
				  shall possess a valid first aid certificate verifying completion of an approved
				  first aid course.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-60 - Surface foreman (this certification is for a person whose job duties include overseeing blasting activities)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants
				  for certification as a surface foreman shall possess five years mining
				  experience, at least one year at a surface mineral mine, or equivalent work
				  experience approved by the division.
B. Applicants may be given three years credit
				  for a bachelor's degree in mining engineering, mining technology, civil
				  engineering, civil technology or geology, or two years credit for an
				  associate's degree in mining technology or civil technology.
C. Applicants shall possess a valid first aid
				  certificate verifying completion of an approved first aid course.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-70 - Surface foreman, open pit (this certification is for a person whose job duties do not include overseeing blasting activities)

Current through Register Vol. 40, No. 24, July 15, 2024
A. Surface
				  foreman, open pit applicants shall possess five years mining experience with at
				  least one year at a surface mineral mine, or equivalent work experience
				  approved by the division.
B.
				  Applicants may be given three years credit for a bachelor's degree in mining
				  engineering, mining technology, civil engineering, civil technology or geology,
				  or two years credit for an associate's degree in mining technology or civil
				  technology.
C. Applicants shall
				  possess a valid first aid certificate verifying completion of an approved first
				  aid course.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-75 - Cement plant examiner

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Competent persons who are certified as a general mineral miner and who possess
				  at least one year experience working at a cement plant may assist the surface
				  foreman in performing examinations of active work areas of cement plants at the
				  beginning of each shift.
B. The
				  surface foreman shall oversee any examinations of the plant that are performed
				  by a cement plant examiner.
C.
				  Cement plant examiners shall be trained in the safety and health aspects of the
				  plant area they may examine and be trained in the procedures for work place
				  examination and recordkeeping. The operator shall maintain records of the
				  training as required in
				  4VAC25-40-100.
Statutory Authority
§ 45.1-161.292:19 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-80 - Surface blaster

Current through Register Vol. 40, No. 24, July 15, 2024
A. Surface
				  blaster applicants shall possess one year of blasting experience on a surface
				  mineral mine under the supervision of a certified blaster or possess equivalent
				  work experience approved by the division.
B. Applicants shall possess a valid first aid
				  certificate verifying completion of a first aid course approved by the
				  division.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 35 - CERTIFICATION REQUIREMENTS FOR MINERAL MINERS › Part II - Minimum Certification Requirements › Section 4VAC25-35-90 - Underground mining blaster

Current through Register Vol. 40, No. 24, July 15, 2024
A. Underground
				  mining blaster applicants shall possess two years of work experience in an
				  underground mine with at least one year handling and using explosives
				  underground or possess equivalent work experience approved by the
				  division.
B. Applicants shall
				  possess a valid first aid certificate verifying completion of a first aid
				  course approved by the division.
Statutory Authority: § 45.1-161.292:19 of the Code
						of Virginia.