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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.14 - Casing and sealing of underground openings; temporary

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each mine entry
				  which is temporarily inactive, but has a further projected useful service under
				  the approved permit application, shall be protected by barricades or other
				  covering devices, fenced, and posted with signs, to prevent access into the
				  entry and to identify the hazardous nature of the opening. These devices shall
				  be periodically inspected and maintained in good operating condition by the
				  permittee.
(b) Each exploration
				  hole, other drill or bore holes, shafts, wells and other exposed underground
				  openings which have been identified in the approved permit application for use
				  to return underground development waste, coal processing waste or water to
				  underground workings or to be used to monitor ground water conditions, shall be
				  temporarily sealed until actual use.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.15 - Casing and sealing of underground openings; 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
					 effects, or unless approved for transfer as a water well under
					 4VAC25-130-817.41, each shaft, drift, adit, tunnel, exploratory hole,
					 entranceway or other opening to the surface from underground shall be capped,
					 sealed, backfilled, or otherwise properly managed, as required by the division
					 under 4VAC25-130-817.13 and consistent with 30 CFR 75.1771 and the standards
					 for oil and gas wells of the Virginia division of Mines, 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.22 - 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 of 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.41 - Hydrologic-balance protection

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. All underground 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, 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)
				  Groundwater protection. In order to protect the hydrologic balance, underground
				  mining activities shall be conducted according to the plan approved under
				  4VAC25-130-784.14(g) and the following:
(1)
				  Groundwater quality shall be protected by handling earth materials and runoff
				  in a manner that minimizes acidic, toxic, or other harmful infiltration to
				  groundwater systems and by managing excavations and other disturbances to
				  prevent or control the discharge of pollutants into the groundwater.
(2) Groundwater quantity shall be protected
				  by handling earth materials and runoff in a manner that will restore
				  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 groundwater system.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.42 - 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 underground
					 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.45 - 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 stream flow 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.46 - 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 underground 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.47 - 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.56 - 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.57 - 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 underground mining
				  activities, unless the division specifically authorizes underground mining
				  activities closer to, or through, such a stream. The division may authorize
				  such activities only upon finding that -
(1)
				  Underground 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
				  4VAC25-130-817.43.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.59 - Coal recovery

Current through Register Vol. 40, No. 24, July 15, 2024
Underground mining activities shall be conducted so as to
					 maximize the utilization and conservation of the coal, while utilizing the best
					 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.61 - Use of explosives; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Applicability. 4VAC25-130-817.61 through
				  4VAC25-130-817.68 apply to surface blasting activities incident to underground
				  coal mining, including, but not limited to, initial rounds of slopes and
				  shafts.
(b) Compliance with other
				  laws. Each permittee shall comply with all applicable State and Federal laws
				  and regulations in the use of explosives.
(c) Blasters.
(1) All surface blasting operations incident
				  to underground mining 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.62 - 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.64 - Use of explosives; general performance standards

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The permittee shall notify, in writing,
				  residents within 1/2 mile of the blasting site and local governments of the
				  proposed times and locations of blasting operations. Such notice of times that
				  blasting is to be conducted may be announced weekly, but in no case less than
				  24 hours before blasting will occur.
(b) Unscheduled blasts may be conducted only
				  where public or permittee health and safety so requires and for emergency
				  blasting actions. When a permittee conducts an unscheduled surface blast
				  incidental to underground coal mining operations, the permittee, using audible
				  signals, shall notify residents within 1/2 mile of the blasting site and
				  document the reason in accordance with 4VAC25-130-817.68 (p).
(c) All blasting shall be conducted during
				  daylight hours. The division may specify more restrictive time periods for
				  blasting.
(d) 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.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.66 - 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 4VAC25-130-817.11.
(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
				  notification required in 4VAC25-130-817.64(a).
(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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.67 - 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 may 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.68 - 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 3 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 4VAC25-130-817.67(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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.71 - 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.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.72 - Disposal of excess spoil; valley fills/head-of-hollow fills

Current through Register Vol. 40, No. 24, July 15, 2024
Valley fills and head-of-hollow fills shall meet the
					 requirements of 4VAC25-130-817.71 and the additional requirements of this
					 section.
(a) Drainage control.
(1) The top surface of the completed fill
				  shall be graded such that the final slope after settlement will be toward
				  properly designed drainage channels. Uncontrolled surface drainage may not be
				  directed over the outslope of the fill. The maximum slope of the top of the
				  fill shall be 20h:1v (5.0%).
(2)
				  Runoff from areas above the fill and runoff from the surface of the fill shall
				  be diverted into stabilized diversion channels designed to meet the
				  requirements of 4VAC25-130-817.43 and to safely pass the runoff from a
				  100-year, 6-hour precipitation event. The appropriate surface drainage system
				  shall be installed prior to placement of excess spoil in the fill area.
				  Temporary diversions may be approved by the division for use during fill
				  construction provided that erosion is minimized and no threat to the public or
				  the environment results.
(3)
(i) A subdrainage system, constructed in
				  accordance with 4VAC25-130-817.71(f)(3), shall be installed along the natural
				  drainage system, extending from the toe to the head of the fill. The division
				  may approve a lesser distance provided the standards of 4VAC25-130-817.71(f)(3)
				  are met. A system of lateral underdrains shall connect this core to each area
				  of potential drainage or seepage in the disposal area.
(ii) A filter system to ensure the proper
				  long-term functioning of the subdrainage system shall be designed and
				  constructed using current, prudent engineering practices.
(iii) The minimum size of the main underdrain
				  shall be:
Total Amount of Fill Material
Predominant Type of Fill
Minimum Size of Drain, in Feet
Width
Height
Less than 1,000,000 Cubic Yards
Do:
Sandstone
10
4
Shale
16
8
More than 1,000,000 Cubic Yards
Do:
Sandstone
16
8
Shale
16
16
(iv) No more than 10 percent of the rock used
				  in the underdrains may be less than 12 inches in size and no single rock may be
				  larger than 25 percent of the width of the drain.
(v) Alternatives to the minimum sizes may be
				  approved by the division provided the alternative is shown to convey, using
				  accepted engineering analyses, the maximum anticipated discharge, including an
				  appropriate factor of safety.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.73 - Disposal of excess spoil; durable rock fills

Current through Register Vol. 40, No. 24, July 15, 2024
The division may approve the alternative method of disposal
					 of excess durable rock spoil by gravity placement in single or multiple lifts,
					 provided the following conditions are met:
(a) Except as provided in this section, the
				  requirements of 4VAC25-130-817.71 are met.
(b) The excess spoil consists of at least 80
				  percent, by volume, durable, nonacid- and nontoxic-forming rock (e.g.,
				  sandstone or limestone) that does not slake in water and will not degrade to
				  soil material. Where used, noncemented clay shale, clay spoil, soil or other
				  nondurable excess spoil material shall be mixed with excess durable rock spoil
				  in a controlled manner such that no more than 20 percent of the fill volume, as
				  determined by tests performed by a registered engineer and approved by the
				  division, is not durable rock.
(c)
				  A qualified registered professional engineer certifies that the design will
				  ensure the stability of the fill and meet all other applicable
				  requirements.
(d) The fill is
				  designed to attain a minimum long-term static safety factor of 1.5, and an
				  earthquake safety factor of 1.1.
(e) The underdrain system may be constructed
				  simultaneously with excess spoil placement by the natural segregation of dumped
				  materials, provided the resulting underdrain system is capable of carrying
				  anticipated seepage of water due to rainfall away from the excess spoil fill
				  and from seeps and springs in the foundation of the disposal area and the other
				  requirements for drainage control are met.
(f) Surface water runoff from areas adjacent
				  to and above the fill is not allowed to flow onto the fill and is diverted into
				  stabilized diversion channels designed to meet the requirements of
				  4VAC25-130-817.43 and to safely pass the runoff from a 100-year, 6-hour
				  precipitation event. The appropriate surface drainage system shall be installed
				  prior to placement of excess spoil in the fill area. Temporary diversions may
				  be approved by the division for use during fill construction, provided that
				  erosion is minimized and no threat to the public or the environment
				  results.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.74 - Disposal of excess spoil; preexisting benches

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division may approve the disposal of
				  excess spoil through placement on preexisting benches if the affected portion
				  of the preexisting bench is permitted and the standards set forth in
				  4VAC25-130-817.102(c), (e) through (h) and (j) and the requirements of this
				  section are met.
(b) All vegetation
				  and organic materials shall be removed from the affected portion of the
				  preexisting bench prior to placement of the excess spoil. Any available topsoil
				  on the bench shall be removed, stored, and redistributed in accordance with
				  4VAC25-130-817.22. Substitute or supplemental materials may be used in
				  accordance with 4VAC25-130-817.22(b).
(c) The fill shall be designed and
				  constructed using current, prudent engineering practices. The design will be
				  certified by a registered professional engineer. The spoil shall be placed on
				  the solid portion of the bench in a controlled manner and concurrently
				  compacted as necessary to attain a long-term safety factor of 1.3 for all
				  portions of the fill. Any spoil deposited on any fill portion of the bench will
				  be treated as excess spoil fill under 4VAC25-130-817.71.
(d) The preexisting bench shall be backfilled
				  and graded to-
(1) Achieve the most moderate
				  slope possible which does not exceed the angle of repose;
(2) Eliminate the highwall to the maximum
				  extent technically practical;
(3)
				  Minimize erosion and water pollution both on and off the site; and
(4) If the disposal area contains springs,
				  natural or manmade water courses, or wet weather seeps, the fill design shall
				  include diversions and underdrains as necessary to control erosion, prevent
				  water infiltration into the fill, and ensure stability.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.75 - Disposal of excess spoil; zoned concept

Current through Register Vol. 40, No. 24, July 15, 2024
The disposal of spoil under the zoned concept shall meet
					 the requirements of 4VAC25-130-817.71 and the additional requirements of this
					 section.
(a) The fill and appurtenant
				  structures shall be designed using current, prudent engineering practices, and
				  certified by a qualified registered professional engineer experienced in the
				  design of earth and rockfill embankments.
(b) The fill shall be designed to attain a
				  long-term minimum safety factor of 1.5 under static loading conditions and 1.1
				  under earthquake loading conditions.
(c) All vegetative and organic material and
				  topsoil in the structural and nonstructural zones shall be removed from the
				  disposal area prior to placement of excess spoil. Topsoil shall be removed,
				  segregated and stored or redistributed in accordance with 4VAC25-130-817.22. If
				  approved by the division, organic material may be used as mulch or may be
				  included in the topsoil to control erosion, promote growth of vegetation, or
				  increase the moisture retention of the soil.
(d) Excess spoil shall be transported and
				  placed in a specified controlled manner as follows:
(1) Structural zone. In the structural zone,
				  spoil shall be placed in horizontal lifts and compacted to densities and
				  strengths required to ensure mass stability and prevent mass movement. The lift
				  thickness and gradational requirements of the spoil shall be consistent with
				  the design parameters. The extent of this zone shall be based on accepted
				  engineering analyses.
(2)
				  Nonstructural zone. In the nonstructural zone, the spoil shall be placed in a
				  controlled manner to avoid contamination of the internal drainage system and to
				  ensure mass stability and prevent mass movement, to provide for the safety of
				  persons on or near the fill, and to provide mass stability and prevent mass
				  movement during construction. The extent of this zone shall be determined by
				  accepted engineering analyses. The temporary outside slope of the nonstructural
				  zone shall not exceed the angle of repose and the height of the nonstructural
				  zone shall be limited to a height determined not to pose an actual or probable
				  hazard to property, public health and safety, or the environment in the event
				  of failure during construction.
(3)
				  The structural zone and the nonstructural zone shall be constructed as
				  concurrently as practicable and the distance between the structural zone and
				  the nonstructural zone shall be minimized to assure proper stability and
				  control of the temporary fill slope.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.76 - Disposal of excess spoil; incidental reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division, where environmental
				  benefits will occur, may approve placement of spoil not needed to restore the
				  approximate original contour of the land and reclaim land within the permit
				  area in a manner consistent with the Act and this chapter on:
(1) Another area under a permit issued
				  pursuant to the Act, or
(2) On
				  abandoned mine lands under a contract for reclamation according to the AML
				  Guidelines and approved by the Division of Mined Land Reclamation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.81 - Coal mine waste; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. All coal mine waste disposed of
				  in an area other than the mine workings or excavations shall be placed in new
				  or existing disposal areas within a permit area, which are approved by the
				  division for this purpose. Coal mine waste shall be hauled or conveyed and
				  placed for final placement in a controlled manner to-
(1) Minimize adverse effects of leachate and
				  surface-water runoff on surface and ground water quality and
				  quantity;
(2) Ensure mass stability
				  and prevent mass movement during and after construction;
(3) Ensure that the final disposal facility
				  is suitable for reclamation and revegetation compatible with the natural
				  surroundings and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.83 - Coal mine waste; refuse piles

Current through Register Vol. 40, No. 24, July 15, 2024
Refuse piles shall meet the requirements of
					 4VAC25-130-817.81, the additional requirements of this section, and the
					 requirements of 30 CFR
					 77.214 and
					 77.215.
(a) Drainage control.
(1) If the disposal area contains springs,
				  natural or manmade water courses, or wet weather seeps, the design shall
				  include diversions and underdrains as necessary to control erosion, prevent
				  water infiltration into the disposal facility and ensure stability.
(2) Uncontrolled surface drainage may not be
				  diverted over the outslope of the refuse pile. Runoff from areas above the
				  refuse pile and runoff from the surface of the refuse pile shall be diverted
				  into stabilized diversion channels designed to meet the requirements of
				  4VAC25-130-817.43 to safely pass the runoff from a 100-year, 6-hour
				  precipitation event. Runoff diverted from undisturbed areas need not be
				  commingled with runoff from the surface of the refuse pile. The appropriate
				  surface drainage system shall be installed prior to placement of coal mine
				  waste in the disposal area.
(3)
				  Underdrains shall comply with the requirements of
				  4VAC25-130-817.71(f)(3).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.84 - Coal mine waste; impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
New and existing impounding structures constructed of coal
					 mine waste or intended to impound coal mine waste shall meet the requirements
					 of 4VAC25-130-817.81 and the additional requirements of this section.
(a) Coal mine waste shall not be used for
				  construction of impounding structures unless it has been demonstrated to the
				  division that the stability of such a structure conforms to the requirements of
				  this Part and the use of coal mine waste will not have a detrimental effect on
				  downstream water quality or the environment due to acid seepage through the
				  impounding structure. The stability of the structure and the potential impact
				  of acid mine seepage through the impounding structure shall be discussed in
				  detail in the design plan submitted to the division in accordance with
				  4VAC25-130-784.16.
(b)
(1) Each impounding structure constructed of
				  coal mine waste or intended to impound coal mine waste shall be designed,
				  constructed and maintained in accordance with 4VAC25-130-817.49(a) and (c).
				  Such structures may not be retained permanently as part of the approved
				  postmining land use.
(2) Each
				  impounding structure constructed of coal mine waste or intended to impound coal
				  mine waste that meets the criteria of
				  30 CFR
				  77.216(a) shall have
				  sufficient spillway capacity to safely pass, adequate storage capacity to
				  safely contain or a combination of storage capacity and spillway capacity to
				  safely control, the probable maximum precipitation of a 6-hour precipitation
				  event, or greater event as specified by the division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.87 - Coal mine waste; burning and burned waste utilization

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Coal mine waste
				  fires shall be extinguished by the person who conducts the surface mining
				  activities, in accordance with a plan approved by the division and the Mine
				  Safety and Health Administration. The plan shall contain, at a minimum,
				  provisions to ensure that only those persons authorized by the permittee, and
				  who have an understanding of the procedures to be used, shall be involved in
				  the extinguishing operations.
(b)
				  No burning or unburned coal mine waste shall be removed from a permitted
				  disposal area without a removal plan approved by the division. Consideration
				  shall be given to potential hazards to persons working or living in the
				  vicinity of the structure.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.89 - Disposal of noncoal mine wastes

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Noncoal mine wastes including, but not
				  limited to grease, lubricants, paints, flammable liquids, garbage, abandoned
				  mining machinery, lumber and other combustible materials generated during
				  mining activities shall be placed and stored in a controlled manner in a
				  designated portion of the permit area. Placement and storage shall ensure that
				  leachate and surface runoff do not degrade surface or ground water, that fires
				  are prevented, and that the area remains stable and suitable for reclamation
				  and revegetation compatible with the natural surroundings.
(b) Final disposal of noncoal mine wastes
				  shall be in a designated disposal site in the permit area or a state-approved
				  solid waste disposal area. Disposal sites in the permit area shall be designed
				  and constructed to ensure that leachate and drainage from the noncoal mine
				  waste area does not degrade surface or underground water. Wastes shall be
				  routinely compacted and covered to prevent combustion and wind-borne waste.
				  When the disposal is completed, a minimum of two feet of soil cover shall be
				  placed over the site, slopes stabilized, and revegetation accomplished in
				  accordance with 4VAC25-130-817.111 through 4VAC25-130-817.116. Operation of the
				  disposal site shall be conducted in accordance with all local, state, and
				  federal requirements.
(c) At no
				  time shall any noncoal mine waste be deposited in a refuse pile or impounding
				  structure, nor shall a noncoal mine waste disposal site be located within 8
				  feet of any coal outcrop or coal storage area.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.95 - Stabilization of surface areas

Current through Register Vol. 40, No. 24, July 15, 2024
(a) All
				  exposed surface areas shall be protected and stabilized to effectively control
				  erosion and air pollution attendant to erosion.
(b) Rills and gullies which form in areas
				  that have been regraded and topsoiled and which either (1) disrupt the approved
				  postmining land use or the reestablishment of the vegetative cover, or (2)
				  cause or contribute to a violation of water quality standards for receiving
				  streams shall be filled, regraded, or otherwise stabilized; topsoil shall be
				  replaced; and the areas shall be reseeded or replanted.
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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.99 - Slides and other damage

Current through Register Vol. 40, No. 24, July 15, 2024
At any time a slide occurs which may have a potential
					 adverse effect on public property, health, safety, or the environment, the
					 person who conducts the underground mining activities shall notify the division
					 by the fastest available means and comply with any remedial measures required
					 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.100 - Contemporaneous reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Reclamation efforts, including but not limited to backfilling,
				  grading, topsoil replacement, and revegetation, on all areas affected by
				  surface impacts incident to an underground coal mine shall occur as
				  contemporaneously as practicable with mining operations, except when such
				  mining operations are conducted in accordance with a variance for concurrent
				  surface and underground mining activities issued under
				  4VAC25-130-785.18.
(b) Timing of
				  backfilling and grading.
(1) Contour mining.
				  Rough backfilling and grading shall follow coal removal by not more than 60
				  days or 1,500 linear feet. The division may grant additional time for rough
				  backfilling and grading if the permittee can demonstrate, through a detailed
				  written analysis under 4VAC25-130-784.13(b)(3), that additional time is
				  necessary.
(2) Open pit mining with
				  thin overburden. Rough backfilling and grading shall occur in accordance with
				  the time schedule approved by the division, on the basis of the materials
				  submitted under 4VAC25-130-784.13(b)(3), which shall specifically establish in
				  stated increments the period between removal of coal and completion of
				  backfilling and grading.
(3) Area
				  strip mining. Rough backfilling and grading shall be completed within 180 days
				  following coal removal and shall not be more than four spoil ridges behind the
				  pit being worked, the spoil from the active pit being considered the first
				  ridge. The division may grant additional time for rough backfilling and grading
				  if the permittee can demonstrate, through a detailed written analysis under
				  4VAC25-130-784.13(b)(3), that additional time is necessary.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.102 - Backfilling and grading; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Disturbed areas shall be backfilled and
				  graded to:
(1) Achieve the approximate
				  original contour, except as provided in subsection (k) of this
				  section;
(2) Eliminate all
				  highwalls, spoil piles, and depressions, except as provided in subsection (h)
				  (small depressions) and in subdivision (k)(2) (previously mined highwalls) of
				  this section;
(3) Achieve a
				  postmining slope that does not exceed either the angle of repose or such lesser
				  slope as is necessary to achieve a minimum long-term static safety factor of
				  1.3 and to prevent slides;
(4)
				  Minimize erosion and water pollution both on and off the site; and
(5) Support the approved postmining land
				  use.