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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.18 - Climatological information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) When
				  requested by the division, the application shall contain a statement of the
				  climatological factors that are representative of the proposed locality of the
				  permit area, including:
(1) The average
				  seasonal precipitation;
(2) The
				  average direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.19 - Vegetation information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  permit application shall contain a map or narrative describing the vegetation
				  within the proposed permit area and within any proposed reference
				  area.
(b) Where a vegetative map is
				  utilized, show the outline of the proposed permit area, and show north point
				  indicator. Sufficient adjacent areas shall be included to allow evaluation of
				  vegetation as important habitat for fish and wildlife for those species of fish
				  and wildlife identified under 4VAC25-130-784.21.
(c) Explain the results of the vegetative
				  survey conducted on the area to be affected by the proposed mining operation.
				  This survey must include as a minimum:
(1)
				  Names, addresses, and qualifications of persons or organization which collected
				  and analyzed the data.
(2) Dates of
				  the collection and analyses.
(3)
				  Names, addresses, and positions of people in private, academic publications, or
				  governmental agencies who contributed to the preparation of the vegetative
				  survey.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.21 - Soil resources information

Current through Register Vol. 40, No. 24, July 15, 2024
Where the applicant proposes to use selected overburden
					 materials as a supplement or substitute for topsoil, the application shall
					 provide results of the analyses, trials, and tests required under
					 4VAC25-130-784.13.
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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.22 - Land-use information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  application shall contain a statement of the condition, capability, and
				  productivity of the land which will be affected by surface operations and
				  facilities within the proposed permit area, including--
(1) A map and supporting narrative of the
				  uses of the land existing at the time of the filing of the application. If the
				  premining use of the land was changed within five years before the anticipated
				  date of beginning the proposed operations, the historic use of the land shall
				  also be described.
(2) A narrative
				  of land capability and productivity, which analyzes the land-use description
				  under Paragraph (a) of this section in conjunction with other environmental
				  resources information required under this Part. The narrative shall provide
				  analysis of:
(i) The capability of the land
				  before any mining to support a variety of uses, giving consideration to soil
				  and foundation characteristics, topography, vegetative cover and the hydrology
				  of the area proposed to be affected by surface operations or facilities;
				  and
(ii) The productivity of the
				  area proposed to be affected by surface operations and facilities before
				  mining, expressed as average yield of food, fiber, forage, or wood products
				  from such lands obtained under high levels of management. The productivity
				  shall be determined by yield data or estimates for similar sites based on
				  current data from the U.S. Department of Agriculture, or appropriate State
				  natural resources or agricultural agencies 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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.24 - Maps; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The permit application shall include maps showing--
(a) All boundaries of lands and names of
				  present owners of record of those lands, both surface and subsurface, included
				  in or contiguous to the permit area;
(b) The boundaries of land within the
				  proposed permit area upon which the applicant has the legal right to enter and
				  begin underground mining activities;
(c) The boundaries of all areas proposed to
				  be affected over the estimated total life of the proposed underground mining
				  activities, with a description of size, sequence, and timing of the mining of
				  subareas for which it is anticipated that additional permits will be
				  sought;
(d) The location of all
				  buildings in and within 1,000 feet of the proposed permit area, with
				  identification of the current use of the buildings;
(e) The location of surface and subsurface
				  man-made features within, passing through, or passing over the proposed permit
				  area, including, but not limited to, major electric transmission lines,
				  pipelines, and agricultural drainage tile fields;
(f) The location and boundaries of any
				  proposed reference areas for determining the success of revegetation;
(g) The locations of water supply intakes for
				  current users of surface waters flowing into, out of, and within a hydrologic
				  area defined by the division and those surface waters which will receive
				  discharges from affected areas in the proposed permit area;
(h) Each public road located in or within 100
				  feet of the proposed permit area;
(i) The boundaries of any public park and
				  locations of any cultural or historical resources listed or eligible for
				  listing in the National Register of Historic Places and known archaeological
				  sites within the permit and adjacent areas;
(j) Each cemetery that is located in or
				  within 100 feet of the proposed permit area;
(k) Any land within the proposed permit area
				  which is within the boundaries of any units of the National System of Trails or
				  the Wild and Scenic Rivers System, including study rivers designated under
				  section 5(a) of the Wild and Scenic Rivers Act; and
(l) Other relevant information 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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.25 - Cross sections, maps and plans

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The application shall include cross
				  sections, maps, and plans showing-
(1)
				  Elevations and locations of test borings and core samplings;
(2) Elevations and locations of monitoring
				  stations used to gather data for water quality and quantity and fish and
				  wildlife in preparation of the application;
(3) Nature, depth, and thickness of the coal
				  seams to be mined, any coal or rider seams above the seam to be mined, each
				  stratum of the overburden, and the stratum immediately below the lowest coal
				  seam to be mined;
(4) All coal crop
				  lines and the strike and dip of the coal to be mined within the proposed permit
				  area;
(5) Location and extent of
				  known workings of active, inactive, or abandoned underground mines, including
				  mine openings to the surface within the proposed permit and adjacent
				  area;
(6) Location and extent of
				  subsurface water, if encountered, within the proposed permit and adjacent area,
				  including, but not limited to horizontal and vertical distribution of aquifers,
				  and portrayal of seasonal differences of head in different aquifers on cross
				  sections and contour maps;
(7)
				  Location of surface water bodies, such as streams, lakes, ponds, springs,
				  constructed or natural drains, and irrigation ditches within the proposed
				  permit and adjacent areas;
(8)
				  Location and extent of existing or previously surface-mined areas within the
				  proposed permit area;
(9) Location
				  and dimensions of existing areas of spoil, waste, coal development waste and
				  noncoal waste disposal, dams, embankments, other impoundments, and water
				  treatment facilities within the proposed permit area;
(10) Location and depth, if available, of gas
				  and oil wells within the proposed permit area and water wells in the permit
				  area and adjacent areas;
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) It is the
				  responsibility of the applicant to provide to the division all of the
				  information required by this Part, except where specifically exempted in this
				  Part.
(b) It is the responsibility
				  of the State and Federal governmental agencies to provide information to the
				  division where specifically required in this Part.
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 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.11 - Operation plan; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain a description of the mining
					 operations proposed to be conducted during the life of the mine within the
					 proposed permit area, including, at a minimum, the following:
(a) A narrative description of the type and
				  method of coal mining procedures and proposed engineering techniques,
				  anticipated annual and total production of coal, by tonnage, and the major
				  equipment to be used for all aspects of those operations; and
(b) A narrative explaining the construction,
				  modification, use, maintenance, and removal of the following facilities (unless
				  retention of such facilities is necessary for postmining land use as specified
				  in 4VAC25-130-817.133):
(1) Dams, embankments,
				  and other impoundments;
(2)
				  Overburden and topsoil handling and storage areas and structures;
(3) Coal removal, handling, storage,
				  cleaning, and transportation areas and structures;
(4) Spoil, coal processing waste, mine
				  development waste, and non-coal waste removal, handling, storage,
				  transportation, and disposal areas and structures;
(5) Mine facilities; and
(6) Water pollution control
				  facilities.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.12 - Operation plan; existing structures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each application shall contain a
				  description of each existing structure proposed to be used in connection with
				  or to facilitate the surface coal mining and reclamation operation. The
				  description shall include:
(1)
				  Location;
(2) Plans of the
				  structure which describe its current condition;
(3) Approximate dates on which construction
				  of the existing structure was be un and completed.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.15 - Reclamation plan; land use information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The plan shall contain a statement of the
				  condition, capability, and productivity of the land within the proposed permit
				  area; including:
(1) A map and supporting
				  narrative of the uses of the land existing at the time of the filing of the
				  application. If the premining use of the land was changed with five years
				  before the anticipated date of beginning the proposed operations, the historic
				  use of the land shall also be described to the extent such information is
				  available.
(2) A narrative of land
				  capability and productivity, which analyzes the land use description under
				  paragraph (a) of this section in conjunction with other environmental resources
				  information. The narrative shall provide analyses of:
(i) The capability of the land before any
				  mining to support a variety of uses, giving consideration to soil and
				  foundation characteristics, topography, vegetative cover, and the hydrology of
				  the proposed permit area; and
(ii)
				  The productivity of the proposed permit area before mining, expressed as
				  average yield of food, fiber, forage, or wood products from such lands obtained
				  under high levels of management. The productivity shall be determined by yield
				  data or estimates for similar sites based on current data from the U.S.
				  Department of Agriculture, state agricultural universities, or appropriate
				  state natural resource or agricultural agencies.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.16 - Reclamation plan; siltation structures, impoundments, banks, dams, and embankments

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Each application shall include a general plan and a detailed design
				  plan for each proposed siltation structure, water impoundment, and coal
				  processing waste bank, dam, or embankment within the proposed permit area.
(1) Each general plan shall-
(i) Be prepared by, or under the direction
				  of, and certified by a qualified registered professional engineer, or by a
				  certified professional geologist with assistance from experts in related
				  fields, such as land surveying and landscape architecture;
(ii) Contain a description, map, and cross
				  section of the structure and its location;
(iii) Contain preliminary hydrologic and
				  geologic information required to assess the hydrologic impact of the
				  structure;
(iv) Contain a survey
				  describing the potential effect on the structure from subsidence of the
				  subsurface strata resulting from any past underground mining operations;
				  and
(v) Contain a certification
				  statement which includes a schedule of the dates that any detailed design plans
				  for structures that are not submitted with the general plan will be submitted
				  to the division. The division shall have approved, in writing, the detailed
				  design plan for the structure before construction of the structure
				  begins.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.17 - Protection of public parks and historic places

Current through Register Vol. 40, No. 24, July 15, 2024
(a) For any publicly owned parks or any
				  places listed on the National Register of Historic Places that may be adversely
				  affected by the proposed operation, each plan shall describe the measures to be
				  used --
(1) To prevent adverse impacts,
				  or
(2) If valid existing rights
				  exist or joint agency approval is to be obtained under 4VAC25-130-761.12(f), to
				  minimize impacts.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.18 - Relocation or use of public roads

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall describe, with appropriate maps and
					 cross-sections, the measures to be used to ensure that the interests of the
					 public and land owners affected are protected, if, under 4VAC25-130-761.12(d),
					 the applicant seeks to have the division approve--
(a) Conducting the proposed underground
				  mining activities within 100 feet of the right-of-way line of any public road,
				  except where mine access or haul roads join the right-of-way; or
(b) Relocating a public road.
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 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.19 - Underground development waste

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain descriptions, including
					 appropriate maps and cross-section drawings, of the proposed disposal methods
					 and sites for placing underground development waste and excess spoil generated
					 at surface areas affected by surface operations and facilities, according to
					 4VAC25-130-817.71 through 4VAC25-130-817.75. These plans shall describe the
					 geotechnical investigation, design, construction, operation, maintenance and
					 removal, if appropriate, of the site and structures, and be prepared according
					 to 4VAC25-130-780.35.
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 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.20 - Subsidence control plan

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Presubsidence survey. Each application must include:
(1) A map of the permit and adjacent areas at
				  a scale of 1:12,000, or larger if determined necessary by the division, showing
				  the location and type of structures and renewable resource lands that
				  subsidence may materially damage or for which the value or reasonably
				  foreseeable use may be diminished by subsidence, and showing the location and
				  type of drinking, domestic, and residential water supplies that could be
				  contaminated, diminished, or interrupted by subsidence.
(2) A narrative indicating whether
				  subsidence, if it occurred, could cause material damage to or diminish the
				  value or reasonably foreseeable use of such structures or renewable resource
				  lands or could contaminate, diminish, or interrupt drinking, domestic, or
				  residential water supplies.
(3) A
				  survey of the quantity and quality of all drinking, domestic and residential
				  water supplies within the permit area and adjacent area that could be
				  contaminated, diminished or interrupted by subsidence. If the applicant cannot
				  make this survey because the owner will not allow access to the site, the
				  applicant will notify the owner in writing of the effect that denial of access
				  will have pursuant to § 45.2-1030 of the Code of Virginia, as amended. The
				  applicant must pay for any technical assessment or engineering evaluation used
				  to determine the quantity and quality of drinking, domestic, or residential
				  water supplies. The applicant must provide copies of the survey and any
				  technical assessment or engineering evaluation to the property owner and the
				  division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.21 - Fish and wildlife information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Resource information. Each application
				  shall include fish and wildlife resource information for the permit area and
				  adjacent area.
(1) The scope and level of
				  detail for such information shall be determined by the division in consultation
				  with State and Federal agencies with responsibilities for fish and wildlife and
				  shall be sufficient to design the protection and enhancement plan required
				  under Paragraph (b) of this section.
(2) Site-specific resource information
				  necessary to address the respective species or habitats shall be required when
				  the permit area or adjacent area is likely to include:
(i) Listed or proposed endangered or
				  threatened species of plants or animals or their critical habitats listed by
				  the Secretary under the Endangered Species Act of 1973, as amended ( 16 USC
				  § 1531 et seq.), or those species or habitats protected by similar State
				  statutes;
(ii) Habitats of
				  unusually high value for fish and wildlife such as important streams, wetlands,
				  riparian areas, cliffs supporting raptors, areas offering special shelter or
				  protection, migration routes, or reproduction and wintering areas; or
(iii) Other species or habitats identified
				  through agency consultation as requiring special protection under State or
				  Federal law.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.22 - Geologic information

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Each application shall include geologic information in sufficient
				  detail to assist in-
(1) Determining the
				  probable hydrologic consequences of the operation upon the quality and quantity
				  of surface and ground water in the permit and adjacent areas, including the
				  extent to which surface- and ground-water monitoring is necessary;
(2) Determining all potentially acid- or
				  toxic-forming strata down to and including the stratum immediately below the
				  coal seam to be mined;
(3)
				  Determining whether reclamation as required by this chapter can be accomplished
				  and whether the proposed operation has been designed to prevent material damage
				  to the hydrologic balance outside the permit area; and
(4) Preparing the subsidence control plan
				  under 4VAC25-130-784.20.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.23 - Operation plan; maps and plans

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain maps and plans as
					 follows:
(a) The maps, plans and cross
				  sections shall show the land proposed to be affected throughout the operation,
				  the underground mining activities to be conducted, and any change in a facility
				  or feature to be caused by the proposed operations, if the facility or feature
				  was shown under 4VAC25-130-783.24 and 4VAC25-130-783.25.
(b) The following shall be shown for the
				  proposed permit area:
(1) Buildings, utility
				  corridors and facilities to be used;
(2) The area of land to be affected within
				  the proposed permit area, according to the sequence of mining and
				  reclamation;
(3) Each area of land
				  for which a performance bond or other equivalent guarantee will be posted under
				  Subchapter VJ;
(4) Each coal
				  storage, cleaning and loading area;
(5) Each topsoil, spoil, coal preparation
				  waste, underground development waste, and noncoal waste storage area;
(6) Each water diversion, collection,
				  conveyance, treatment, storage, and discharge facility to be used;
(7) Each source of waste and each waste
				  disposal facility relating to coal processing or pollution control;
(8) Each facility to be used to protect and
				  enhance fish and wildlife and related environmental values;
(9) Each explosive storage and handling
				  facility;
(10) Location of each
				  sedimentation pond, permanent water impoundment, coal processing waste bank,
				  and coal processing waste dam and embankment, in accordance with
				  4VAC25-130-784.16 and disposal areas for underground development waste and
				  excess spoil, in accordance with 4VAC25-130-784.19;
(11) Each profile, at cross sections
				  specified by the division, of the anticipated final surface configuration to be
				  achieved for the affected areas;
(12) Location of each water and subsidence
				  monitoring point; and
(13) Location
				  of each facility that will remain on the proposed permit area as a permanent
				  feature, after the completion of underground mining activities.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.24 - Road systems

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Plans and
				  drawings. Each applicant for an underground coal mining and reclamation permit
				  shall submit plans and drawings for each road, as defined in 4VAC25-130-700.5,
				  to be constructed, used, or maintained within the proposed permit area. The
				  plans and drawings shall
(1) Include a map,
				  appropriate cross sections, design drawings, and specifications for road
				  widths, gradients, surfacing materials, cuts, fill embankments, culverts,
				  bridges, drainage ditches, low-water crossings, and drainage
				  structures;
(2) Contain the
				  drawings and specifications of each proposed road that is located in the
				  channel of an intermittent or perennial stream, as necessary for approval of
				  the road by the division in accordance with 4VAC25-130-817.150(d)(1);
(3) Contain the drawings and specifications
				  for each proposed ford of perennial or intermittent streams that is used as a
				  temporary route, as necessary for approval of the ford by the division in
				  accordance with 4VAC25-130-817.151(c)(2);
(4) Contain a description of measures to be
				  taken to obtain approval of the division for alteration or relocation of a
				  natural stream channel under 4VAC25-130-817.151(d)(5);
(5) Contain the drawings and specifications
				  for each low-water crossing of perennial or intermittent stream channels so
				  that the division can maximize the protection of the stream in accordance with
				  4VAC25-130-817.151(d)(6); and
(6)
				  Describe the plans to remove and reclaim each road that would not be retained
				  under an approved postmining land use, and the schedule for this removal and
				  reclamation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.25 - Return of coal processing waste to abandoned underground workings

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each plan shall
				  describe the design, operation and maintenance of any proposed coal processing
				  waste disposal facility, including flow diagrams and any other necessary
				  drawings and maps, for the approval of the division and the Mine Safety and
				  Health Administration under 4VAC25-130-817.81(f).
(b) Each plan shall describe the source and
				  quality of waste to be stowed, area to be backfilled, percent of the mine void
				  to be filled, method of constructing underground retaining walls, influence of
				  the backfilling operation on active underground mine operations, surface area
				  to be supported by the backfill, and the anticipated occurrence of surface
				  effects following backfilling.
(c)
				  The applicant shall describe the source of the hydraulic transport mediums,
				  method of dewatering the placed backfill, retainment of water underground,
				  treatment of water if released to surface streams, and the effect on the
				  hydrologic regime.
(d) The plan
				  shall describe each permanent monitoring well to be located in the backfilled
				  area, the stratum underlying the mined coal, and gradient from the backfilled
				  area.
(e) The requirements of
				  Paragraphs (a), (b), (c), and (d) of this section shall also apply to pneumatic
				  backfilling operations, except where the operations are exempted by the
				  division from requirements specifying hydrologic monitoring.
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 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.29 - Diversions

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain descriptions, including
					 maps and cross-sections, of stream channel diversions and other diversions to
					 be constructed within the proposed permit area to achieve compliance with
					 4VAC25-130-817.43.
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 784 - Underground Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-784.30 - Support facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Each applicant for an underground coal mining and
					 reclamation permit shall submit a description, plans, and drawings for each
					 support facility to be constructed, used, or maintained within the proposed
					 permit area. The plans and drawings shall include a map, appropriate cross
					 sections, design drawings, and specifications sufficient to demonstrate
					 compliance with 4VAC25-130-817.181 for each facility.
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 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
These requirements are in addition to the general permit
					 requirements contained in this Subchapter VG. All of the provisions of
					 Subchapter VG apply to these operations, unless otherwise specifically provided
					 in this Part.
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 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.13 - Experimental practices mining

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Experimental practices provide a variance from environmental protection
				  performance standards of the Act, of Subchapter VK, and the regulatory program
				  for experimental or research purposes, or to allow an alternative postmining
				  land use, and may be undertaken if they are approved by the division and the
				  Director of the OSM and if they are incorporated in a permit or permit revision
				  issued in accordance with the requirements of Subchapter VG.
(b) An application for an experimental
				  practice shall contain descriptions, maps, plans, and data which show--
(1) The nature of the experimental practice,
				  including a description of the performance standards for which variances are
				  requested, the duration of the experimental practice, and any special
				  monitoring which will be conducted;
(2) How use of the experimental practice
				  encourages advances in mining and reclamation technology or allows a postmining
				  land use for industrial, commercial, residential, or public use (including
				  recreation facilities) on an experimental basis;
(3) That the experimental practice--
(i) Is potentially more, or at least as,
				  environmentally protective, during and after mining operations, as would
				  otherwise be required by standards promulgated under Subchapter VK;
				  and
(ii) Will not reduce the
				  protection afforded public health and safety below that provided by the
				  requirements of Subchapter VK; and
(4) That the applicant will conduct
				  monitoring of the effects of the experimental practice. The monitoring program
				  shall ensure the collection, analysis, and reporting of reliable data that are
				  sufficient to enable the division and the Director of the OSM to--
(i) Evaluate the effectiveness of the
				  experimental practice; and
(ii)
				  Identify, at the earliest possible time, potential risk to the environment and
				  public health and safety which may be caused by the experimental practice
				  during and after mining.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.15 - Steep slope mining

Current through Register Vol. 40, No. 24, July 15, 2024
(a) This
				  section applies to any person who conducts or intends to conduct steep slope
				  surface coal mining and reclamation operations, except:
(1) Where a permittee proposes to conduct
				  surface coal mining and reclamation operations on flat or gently rolling
				  terrain, leaving a plain or predominantly flat area, but on which an occasional
				  steep slope is encountered as the mining operation proceeds;
(2) Where a person obtains a permit under the
				  provisions of 4VAC25-130-785.14, or
(3) To the extent that a person obtains a
				  permit incorporating a variance under 4VAC25-130-785.16.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.16 - Permits incorporating variances from approximate original contour restoration requirements for steep slope mining

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division may issue a permit for
				  nonmountaintop removal, steep slope mining which includes a variance from the
				  requirements of 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and
				  4VAC25-130-816.107 or 4VAC25-130-817.102 and 4VAC25-130-817.107 to restore the
				  disturbed areas to their approximate original contour. The permit may contain
				  such a variance only if the division finds, in writing, that the applicant has
				  demonstrated, on the basis of a complete application, that the following
				  requirements are met:
(1) After reclamation,
				  the lands to be affected by the variance within the permit area will be
				  suitable for an industrial, commercial, residential, or public postmining land
				  use (including recreational facilities).
(2) The requirements of 4VAC25-130-816.133 or
				  4VAC25-130-817.133 will be met.
(3)
				  The watershed of lands within the proposed permit and adjacent areas will be
				  improved by the operations when compared with the condition of the watershed
				  before mining or with its condition if the approximate original contour were to
				  be restored. The watershed will be deemed improved only if--
(i) The amount of total suspended solids or
				  other pollutants discharged to ground or surface water from the permit area
				  will be reduced, so as to improve the public or private uses or the ecology of
				  such water, or flood hazards within the watershed containing the permit area
				  will be reduced by reduction of the peak flow discharge from precipitation
				  events or thaws;
(ii) The total
				  volume of flow from the proposed permit area, during every season of the year,
				  will not vary in a way that adversely affects the ecology of any surface water
				  or any existing or planned use of surface or ground water; and
(iii) The appropriate State environmental
				  agencies approve the plan.
(4) The owner of the surface of the lands
				  within the permit area has knowingly requested, in writing, as part of the
				  application, that a variance be granted. The request shall be made separately
				  from any surface owner consent given for the operations under 4VAC25-130-778.15
				  and shall show an understanding that the variance could not be granted without
				  the surface owner's request.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.17 - Prime farmland

Current through Register Vol. 40, No. 24, July 15, 2024
(a) This
				  section applies to any person who conducts or intends to conduct surface coal
				  mining and reclamation operations on prime farmlands historically used for
				  cropland. This section does not apply to:
(1)
				  Lands on which surface coal mining and reclamation operations are conducted
				  pursuant to any permit issued prior to August 3, 1977; or
(2) Lands on which surface coal mining and
				  reclamation operations are conducted pursuant to any renewal or revision of a
				  permit issued prior to August 3, 1977; or
(3) Lands included in any existing surface
				  coal mining operations for which a permit was issued for all or any part
				  thereof prior to August 3, 1977, provided that:
(i) Such lands are part of a single
				  continuous surface coal mining operation begun under a permit issued before
				  August 3, 1977; and
(ii) The
				  permittee had a legal right to mine the lands prior to August 3, 1977, through
				  ownership, contract, or lease but not including an option to buy, lease, or
				  contract; and
(iii) The lands
				  contain part of a continuous recoverable coal seam that was being mined in a
				  single continuous mining pit (or multiple pits if the lands are proven to be
				  part of a single continuous surface coal mining operation) begun under a permit
				  issued prior to August 3, 1977.
(4) For purposes of this section:
(i) "Renewal" of a permit shall mean a
				  decision by the division to extend the time by which the permittee may complete
				  mining within the boundaries of the original permit, and "revision" of the
				  permit shall mean a decision by the division to allow changes in the method of
				  mining operations within the original permit area, or the decision of the
				  division to allow incidental boundary changes to the original permit;
(ii) A pit shall be deemed to be a single
				  continuous mining pit even if portions of the pit are crossed by a road,
				  pipeline, railroad, or powerline or similar crossing;
(iii) A single continuous surface coal mining
				  operation is presumed to consist only of a single continuous mining pit under a
				  permit issued prior to August 3, 1977, but may include non-contiguous parcels
				  if the permittee can prove by clear and convincing evidence that, prior to
				  August 3, 1977, the noncontiguous parcels were part of a single permitted
				  operation. For the purposes of this Paragraph, clear and convincing evidence
				  includes, but is not limited to, contracts, leases, deeds or other properly
				  executed legal documents (not including options) that specifically treat
				  physically separate parcels as one surface coal mining operation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.18 - Variances for delay in contemporaneous reclamation requirement in combined surface and underground mining activities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Scope. This section shall apply to any
				  person or persons conducting or intending to conduct combined surface and
				  underground mining activities where a variance is requested from the
				  contemporaneous reclamation requirements of 4VAC25-130-816.100.
(b) Application contents for variances. Any
				  person desiring a variance under this section shall file with the division
				  complete applications for both the surface mining activities and underground
				  mining activities which are to be combined. The reclamation and operation plans
				  for these permits shall contain appropriate narratives, maps, and plans, which-
(1) Show why the proposed underground mining
				  activities are necessary or desirable to assure maximum practical recovery of
				  the coal;
(2) Show how multiple
				  future disturbances of surface lands or waters will be avoided;
(3) Identify the specific surface areas for
				  which a variance is sought and the sections of the Act, this chapter, and the
				  regulatory program from which a variance is being sought;
(4) Show how the activities will comply with
				  4VAC25-130-816.79 and other applicable requirements of the regulatory
				  program;
(5) Show why the variance
				  sought is necessary for the implementation of the proposed underground mining
				  activities;
(6) Provide an
				  assessment of the adverse environmental consequences and damages, if any, that
				  will result if the reclamation of surface mining activities is delayed;
				  and
(7) Show how offsite storage of
				  spoil will be conducted to comply with the requirements of the Act,
				  4VAC25-130-816.71 through 4VAC25-130-816.75, and the regulatory
				  program.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.19 - Remining areas with pollution discharges

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Scope.
(1) This section specifies procedures and
				  rules applicable to those who seek authorization to conduct surface coal mining
				  activities on previously mined areas which have been previously affected by
				  mining activities and where there exists continuing water pollution. Receipt of
				  the authorization entitles a permittee to later request bond release for areas
				  which continue to discharge pollutional material.
(2) All provisions of this Subchapter apply
				  to authorizations to mine areas with preexisting pollutional discharges except
				  as specifically modified by this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.20 - Augering

Current through Register Vol. 40, No. 24, July 15, 2024
(a) This section
				  applies to any person who conducts or intends to conduct surface coal mining
				  and reclamation operations utilizing augering operations.
(b) Any application for a permit for
				  operations covered by this section shall contain, in the mining and reclamation
				  plan, a description of the augering methods to be used and the measures to be
				  used to comply with Part 819.
(c)
				  No permit shall be issued for any operations covered by this section unless the
				  division finds, in writing, that in addition to meeting all other applicable
				  requirements of this Subchapter, the operation will be conducted in compliance
				  with Part 819.
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 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.21 - Coal preparation plants not located within the permit area of a mine

Current through Register Vol. 40, No. 24, July 15, 2024
(a) This section
				  applies to any person who operates or intends to operate a coal preparation
				  plant in connection with a coal mine but outside the permit area for a specific
				  mine. Any person who operates such a preparation plant shall obtain a permit
				  from the division in accordance with the requirements of this
				  section.
(b) Any application for a
				  permit for operations covered by this section shall contain an operation and
				  reclamation plan which specifies plans, including descriptions, maps, and cross
				  sections, of the construction, operation, maintenance, and removal of the
				  preparation plant and support facilities operated incident thereto or resulting
				  therefrom. The plan shall demonstrate that those operations will be conducted
				  in compliance with Part 827.
(c) No
				  permit shall be issued for any operation covered by this section, unless the
				  division finds in writing that, in addition to meeting all other applicable
				  requirements of this Subchapter, the operations will be conducted in compliance
				  with the requirements of Part 827.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.