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 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.22 - In situ processing activities

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 in situ processing activities.
(b) Any application for a permit for
				  operations covered by this section shall be made according to all requirements
				  of this Subchapter applicable to underground mining activities. In addition,
				  the mining and reclamation operations plan for operations involving in situ
				  processing activities shall contain information establishing how those
				  operations will be conducted in compliance with the requirements of Part 828,
				  including:
(1) Delineation of proposed holes
				  and wells and production zone for approval of the division;
(2) Specifications of drill holes and casings
				  proposed to be used;
(3) A plan for
				  treatment, confinement, or disposal of all acid-forming, toxic-forming or
				  radioactive gases, solids, or liquids constituting a fire, health, safety or
				  environmental hazard caused by the mining and recovery process; and
(4) Plans for monitoring surface and ground
				  water and air quality as required 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 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.25 - Lands eligible for remining

Current through Register Vol. 40, No. 24, July 15, 2024
(a) This section contains permitting
				  requirements to implement 4VAC25-130-773.15(b)(4). Any person who submits a
				  permit application to conduct a surface coal mining operation on lands eligible
				  for remining must comply with this section.
(b) Any application for a permit under this
				  section shall be made according to all requirements of this subchapter
				  applicable to surface coal mining and reclamation operations. In addition, the
				  application shall:
(1) To the extent not
				  otherwise addressed in the permit application, identify potential environmental
				  and safety problems related to prior mining activity at the site and that could
				  be reasonably anticipated to occur. This identification shall be based on a due
				  diligence investigation which shall include visual observations at the site, a
				  record review of past mining at the site, and environmental sampling tailored
				  to current site conditions.
(2)
				  With regard to potential environmental and safety problems referred in to
				  subdivision (b)(1) of this section, describe the mitigative measures that will
				  be taken to ensure that the applicable reclamation requirements of this chapter
				  can be met.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 789 - Procedures Applicable to Administrative Hearing › Section 4VAC25-130-789.1 - Petition for award of costs and expenses under section 452-1025 of the Act

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person may
				  file a petition for award of costs and expenses including attorneys' fees
				  reasonably incurred as a result of that person's participation in any
				  administrative proceeding under the Act which results in--
(1) A final order being issued by a Hearing
				  Officer, or
(2) A final order being
				  issued by the Director or division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 789 - Procedures Applicable to Administrative Hearing › Section 4VAC25-130-789.2 - Intervention

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person may
				  petition for leave to intervene at any stage of an administrative proceeding
				  under the Act.
(b) A petitioner for
				  leave to intervene shall incorporate in the petition a statement setting forth
				  the interest of the petitioner and, where required, a showing of why his
				  interest is or may be adversely affected.
(c) The Hearing Officer shall grant
				  intervention where the petitioner--
(1) Had a
				  statutory right to initiate the proceeding in which he wishes to intervene;
				  or
(2) Has an interest which is or
				  may be adversely affected by the outcome of the proceeding.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 790 - Initiation of Citizen Suits › Section 4VAC25-130-790.1 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
Section 45.2-1022 of the Act authorizes the commencement of
					 civil actions by persons having an interest which is or may be adversely
					 affected, in order to compel compliance with provisions of the Act. The purpose
					 of this Part is to prescribe procedures governing the giving of notices
					 required by Subsections (B) and (C) of § 45.2-1022 as a prerequisite to
					 the commencement of such actions.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 790 - Initiation of Citizen Suits › Section 4VAC25-130-790.11 - Service of notice

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Notice
				  to the Director. Service of notice given to the Director of an alleged
				  violation or of an alleged failure of the Director to perform any act or duty
				  under the Act which is not discretionary with the Director shall be
				  accomplished by registered or certified mail addressed to the Director,
				  Department of Energy, 1100 Bank Street, 8th Floor, Richmond, Virginia 23219. A
				  copy of such notice shall be mailed to the Director, Division of Mined Land
				  Repurposing, 3405 Mountain Empire Road, Big Stone Gap, Virginia
				  24219.
(b) Notice to the Secretary
				  of the Interior. Service of notice given to the Secretary of the Interior shall
				  be accomplished by registered or certified mail addressed to the United States
				  Secretary of the Interior, Office of the Secretary, Main Interior Building,
				  Washington, D. C. 20240.
(c) Notice
				  to alleged violator. Service of notice given to an alleged violator of the
				  provisions of the Act or of any regulation in this chapter or of any permit or
				  order issued pursuant thereto, shall be accomplished by registered or certified
				  mail addressed to, or personal service upon, the permittee or managing agent of
				  the coal surface mining operation alleged to be in violation. Where the alleged
				  violator is a corporation, a copy of the notice will be sent by certified or
				  registered mail to the registered agent of such corporation. Where the alleged
				  violator is a government instrumentality or agency, the notice shall be sent by
				  certified or registered mail to the head of such government instrumentality or
				  agency.
(d) Notice served in
				  accordance with the provisions of this Part shall be deemed given on the
				  postmark date, if served by mail, or on the date of receipt, if personally
				  served.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 790 - Initiation of Citizen Suits › Section 4VAC25-130-790.12 - Contents of notice

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Failure
				  to act. Notice regarding a failure of the Director to perform an act or duty
				  which is not discretionary shall contain the following:
(1) A description of the person's interest
				  which is or may be adversely affected;
(2) The provisions of the Act which require
				  such act or creates such duty;
(3)
				  A specific description of the action taken or not taken by the Director which
				  is claimed to constitute a failure to perform such act or duty; and
(4) The name and address of the person giving
				  the notice.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part comprises the Small Operator Assistance Program
					 (SOAP) and establishes the procedures for providing assistance to eligible
					 operators by the division. It is an elective means for the division to satisfy
					 the requirements of § 45.2-1010 of the Act. The purpose of the program is
					 to provide for eligible operators a determination of probable hydrologic
					 consequences and a statement of results of test borings or core samplings which
					 are required components of the permit application under Subchapter
					 VG.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.6 - Eligibility for assistance

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  applicant is eligible for assistance if the applicant-
(1) Intends to apply for a permit pursuant to
				  the Act;
(2) Establishes that his
				  probable total attributed annual production from all locations on which the
				  operator is issued the surface coal mining permit will not exceed 300,000 tons.
				  Production from the following operations shall be attributed to the applicant-
(i) The pro rata share, based upon percentage
				  of ownership of applicant, of coal produced by operations in which the
				  applicant owns more than a 10% interest;
(ii) The pro rata share, based upon
				  percentage of ownership of applicant, of coal produced in other operations by
				  persons who own more than 10% of the applicant's operation;
(iii) All coal produced by operations owned
				  by persons who directly or indirectly control the applicant by reason of
				  direction of the management;
(iv)
				  All coal produced by operations owned by members of the applicant's family and
				  the applicant's relatives, unless it is established that there is no direct or
				  indirect business relationship between or among them;
(3) Is not restricted in any manner from
				  receiving a permit under the Act; and
(4) Does not organize or reorganize his
				  company solely for the purpose of obtaining assistance under the
				  SOAP.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.7 - Filing for assistance

Current through Register Vol. 40, No. 24, July 15, 2024
Each application for assistance shall include the following
					 information:
(a) A statement of
				  applicant's intent to file a permit application.
(b) The names and addresses of-
(1) The permit applicant; and
(2) The operator if different from the
				  applicant.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.8 - Application approval and notice

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  If the division finds the applicant eligible, the division shall inform the
				  applicant in writing that the application is approved.
(b) If the division finds the applicant
				  ineligible, the division shall inform the applicant in writing that the
				  application is denied and shall state the reasons for denial.
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 795 - Small Operator Assistance Program › Section 4VAC25-130-795.9 - Program services and data requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) To the extent possible with available
				  funds, the division shall select and pay a qualified laboratory to make the
				  determination and statement and provide other services referenced in paragraph
				  (b) of this section for eligible applicants who request assistance.
(b) The division shall determine the data
				  needed for each applicant or group of applicants. Data collected and the
				  results provided to the division shall be sufficient to satisfy the
				  requirements for:
(1) The determination of
				  the probable hydrologic consequences of the surface mining and reclamation
				  operations in the proposed permit area and adjacent areas, including the
				  engineering analysis and the designs necessary for the determination in
				  accordance with 4VAC25-130-780.21(f), 4VAC25-130-784.14 (e) and any other
				  applicable provisions of this chapter;
(2) The drilling and statement of the results
				  of test borings or core samplings for the proposed permit area in accordance
				  with 4VAC25-130-780.22(b) and 4VAC25-130-784.22(b) and any other applicable
				  provisions of this chapter;
(3) The
				  development of cross-section maps and plans required by 4VAC25-130-779.25 and
				  4VAC25-130-783.25;
(4) The
				  collection of archeological and historic information and related plans required
				  by 4VAC25-130.779.12 (b), 4VAC25-130-783.12 (b), 4VAC25-130-780.31,
				  4VAC25-130-784.17, and any other archeological and historic information
				  required by the division;
(5)
				  Pre-blast surveys required by 4VAC25-130-780.13; and
(6) The collection of site specific resources
				  information, the production of protection and enhancement plans for fish and
				  wildlife habitats required by 4VAC25-130-780.16 and 4VAC25-130-784.21, and
				  information and plans for any other environmental values required by the
				  division under the Act.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.10 - Qualified laboratories

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Basic
				  qualifications. To be designated a qualified laboratory under the Virginia
				  Small Operator Assistance Program, a firm shall demonstrate that it-
(1) Is staffed with experienced, professional
				  or technical personnel in the fields applicable to the work to be
				  performed;
(2) Has adequate space
				  for material preparation and cleaning and sterilizing equipment and has
				  stationary equipment, storage, and space to accommodate workloads during peak
				  periods;
(3) Meets applicable
				  federal or state safety and health requirements;
(4) Has analytical, monitoring and measuring
				  equipment capable of meeting applicable standards;
(5) Has the capability of collecting
				  necessary field samples and making hydrologic field measurements and analytical
				  laboratory determinations by acceptable hydrologic, geologic, or analytical
				  methods in accordance with the requirements of 4VAC25-130-780.21,
				  4VAC25-130-780.22, 4VAC25-130-784.14 and 4VAC25-130-784.22 and any other
				  applicable provisions of this chapter (other appropriate methods or guidelines
				  for data acquisition may be approved by the division); and
(6) Has the capability of performing services
				  for either the determination or statement referenced in
				  4VAC25-130-795.9(b).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 795 - Small Operator Assistance Program › Section 4VAC25-130-795.11 - Assistance funding

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Use of
				  funds. Funds specifically authorized for this program shall be used to provide
				  the services specified in 4VAC25-130-795.9 and shall not be used to cover
				  administrative expenses.
(b)
				  Allocation of funds. The division shall establish a formula for allocating
				  funds to provide services for eligible small operators if available funds are
				  less than those required to provide the services pursuant to 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 795 - Small Operator Assistance Program › Section 4VAC25-130-795.12 - Applicant liability

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  coal operator who has received assistance pursuant to 4VAC25-130-795.9 shall
				  reimburse the division for the cost of the services rendered if:
(1) The applicant submits false information,
				  fails to submit a permit application within one year from the date of receipt
				  of the approved laboratory report, or fails to mine after obtaining a
				  permit;
(2) The division finds that
				  the operator's actual and attributed annual production of coal for all
				  locations exceeds 300,000 tons during the 12 months immediately following the
				  date on which the operator is issued the surface coal mining and reclamation
				  permit; or
(3) The mining rights
				  granted under the permit are sold, transferred, or assigned to another person
				  and the transferee's total actual and attributed production exceeds the
				  300,000-ton annual production limit during the 12 months immediately following
				  the date on which the permit was originally issued. Under this paragraph the
				  applicant and its successor are jointly and severally obligated to reimburse
				  the division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.11 - Requirement to file a bond

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  After a permit application under Subchapter VG has been approved, but before
				  the permit is issued, the applicant shall file with the division, on a form
				  prescribed and furnished by the division, a bond or bonds for performance made
				  payable to the division and conditioned upon the faithful performance of all
				  the requirements of the Act, the permit, and the reclamation plan, in
				  accordance with Parts 800 or 801.
(b)
(1) The
				  bond or bonds shall cover the entire permit area, or for operations bonded
				  under Part 801, an identified increment of land within the permit area upon
				  which the permittee will initiate and conduct surface coal mining and
				  reclamation operations during the initial term of the permit.
(2) For operations bonded under Part 801-
(A) As surface coal mining and reclamation
				  operations on succeeding increments are initiated and conducted within the
				  permit area, the permittee shall file with the division an additional bond or
				  bonds to cover such increments in accordance with this section.
(B) The permittee shall identify the initial
				  and successive areas or increments for bonding on the permit application map
				  submitted for approval as provided in the application (under Parts 780 and
				  784), and shall specify the bond amount to be provided for each area or
				  increment.
(C) Independent
				  increments shall be of sufficient size and configuration to provide for
				  efficient reclamation operations should reclamation by the division become
				  necessary pursuant to 4VAC25-130-800.50.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.12 - Form of the performance bond

Current through Register Vol. 40, No. 24, July 15, 2024
The division shall prescribe the form of the performance
					 bond and may allow:
(a) A surety
				  bond;
(b) A collateral
				  bond;
(c) An escrow account;
				  or
(d) A combined surety/escrow
				  account;
(e) A combination of any
				  of the bonding methods listed in (a) through (d); or
(f) A self bond in accordance with
				  4VAC25-130-801.13.
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 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.13 - Period of liability

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Performance bond liability shall be for the duration of the surface coal mining
				  and reclamation operation and for a period which is coincident with the
				  permittee's period of extended responsibility for successful revegetation
				  provided in 4VAC25-130-816.116 or 4VAC25-130-817.116 or until achievement of
				  the reclamation requirements of the Act, and the permit, whichever is
				  later.
(b) Isolated and clearly
				  defined portions of the permit area requiring extended liability may be
				  separated from the original area and bonded separately with the approval of the
				  division. Such areas shall be limited in extent and shall not constitute a
				  scattered, intermittent, or checkerboard pattern of failure. Access to the
				  separated areas for remedial work may be included in the area under extended
				  liability if deemed necessary by the division.
(c) If the division approves a long-term,
				  intensive agricultural postmining land use, in accordance with
				  4VAC25-130-816.133 or 4VAC25-130-817.133, the 5 year period of liability shall
				  commence at the date of initial planting for such long-term agricultural
				  use.
(d)
(1) The bond liability of the permittee shall
				  include only those actions which he is obligated to take under the permit,
				  including completion of the reclamation plan, so that the land will be capable
				  of supporting the postmining land use approved under 4VAC25-130-816.133 or
				  4VAC25-130-817.133.
(2)
				  Implementation of an alternative postmining land use approved under
				  4VAC25-130-816.133(c) or 4VAC25-130-817.133(c) which is beyond the control of
				  the permittee, need not be covered by the bond. Bond liability for prime
				  farmland shall be as specified in 4VAC25-130-800.40(c)(2).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.14 - Determination of bond amount

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  amount of the bond required for each bonded area shall:
(1) Be determined by the division;
(2) Depend upon the requirements of the
				  approved permit and reclamation plan;
(3) Reflect the probable difficulty of
				  reclamation, giving consideration to such factors as topography, geology,
				  hydrology, and revegetation potential; and
(4) Be based on, but not limited to, the
				  estimated cost of reclamation submitted by the permit applicant.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.15 - Adjustment of amount

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  amount of the bond or deposit required and the terms of the acceptance of the
				  applicant's bond shall be adjusted by the division from time to time as the
				  area requiring bond coverage is increased or decreased or where the cost of
				  future reclamation changes. The division may specify periodic times or set a
				  schedule for reevaluating and adjusting the bond amount to fulfill this
				  requirement.
(b) The division
				  shall:
(1) Notify the permittee, the surety,
				  and any person with a property interest in collateral who has requested
				  notification under 4VAC25-130-800.21(c) of any proposed adjustment to the bond
				  amount; and
(2) Provide the
				  permittee an opportunity for an informal conference on the
				  adjustment.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.16 - General terms and conditions of bond

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The performance bond shall be in an
				  amount determined by the division as provided in 4VAC25-130-800.14 or Part
				  801.
(b) The performance bond shall
				  be payable to the Commonwealth of Virginia, Director-Division of Mined Land
				  Repurposing.
(c) The performance
				  bond shall be conditioned upon faithful performance of all the requirements of
				  the Act, this chapter, and the approved permit, including completion of the
				  reclamation plan.
(d) The duration
				  of the bond shall be for the time period provided in
				  4VAC25-130-800.13.
(e)
(1) The bond shall provide a mechanism for a
				  bank or surety company to give prompt notice to the division and the permittee
				  of any action filed alleging the insolvency or bankruptcy of the surety
				  company, the bank, or the permittee, or alleging any violations which would
				  result in suspension or revocation of the surety or bank charter or license to
				  do business.
(2) Upon the
				  incapacity of a bank or surety company by reason of bankruptcy, insolvency, or
				  suspension or revocation of a charter or license, the permittee shall be deemed
				  to be without bond coverage and shall promptly notify the division. The
				  division, upon notification received through procedures of Paragraph (e)(1) of
				  this section or from the permittee, shall, in writing, notify the permittee who
				  is without bond coverage and specify a reasonable period, not to exceed 90
				  days, to replace bond coverage. If an adequate bond is not posted by the end of
				  the period allowed, the permittee shall cease coal extraction and shall comply
				  with the provisions of 4VAC25-130-816.132 or 4VAC25-130-817.132 and shall
				  immediately begin to conduct reclamation operations in accordance with the
				  reclamation plan. Mining operations shall not resume until the division has
				  determined that an acceptable bond has been posted.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.17 - Bonding requirements for underground coal mines and long-term coal-related surface facilities and structures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Responsibilities. The division shall
				  require bond coverage, in an amount determined under 4VAC25-130-800.14 or Part
				  801, for long-term surface facilities and structures, and for areas disturbed
				  by surface impacts incident to underground mines, for which a permit is
				  required. Specific reclamation techniques required for underground mines and
				  long-term facilities shall be considered in determining the amount of bond to
				  complete the reclamation. Facilities for which bond is furnished in accordance
				  with Part 801 are excluded from this section, except as provided in
				  4VAC25-130-801.12(e).
(b) Long-term
				  period of liability.
(1) The period of
				  liability for every bond covering long-term surface disturbances shall commence
				  with the issuance of the permit, except that to the extent that such
				  disturbances will occur on a succeeding increment to be bonded, such liability
				  will commence upon the posting of the bond for that increment before the
				  initial surface disturbance of that increment. The liability period shall
				  extend until all reclamation, restoration, and abatement work under the permit
				  has been completed and the bond is released under the provisions of
				  4VAC25-130-800.40, or until the bond has been replaced or extended in
				  accordance with 4VAC25-130-800.17(b)(3).
(2) Long-term surface disturbances shall
				  include long-term coal-related surface facilities and structures, and surface
				  impacts incident to underground coal mining, which disturb an area for a period
				  that exceeds five years. Long-term surface disturbances include, but are not
				  limited to: surface features of shafts and slope facilities, coal refuse areas,
				  powerlines, bore-holes, ventilation shafts, preparation plants, machine shops,
				  roads, and loading and treatment facilities.
(3) To achieve continuous bond coverage for
				  long-term surface disturbances, the bond shall be conditioned upon extension,
				  replacement, or payment in full, 30 days prior to the expiration of the bond
				  term.
(4) Continuous bond coverage
				  shall apply throughout the period of extended responsibility for successful
				  revegetation and until the provisions of 4VAC25-130-800.40 have been
				  met.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.20 - Surety bonds

Current through Register Vol. 40, No. 24, July 15, 2024
(a) A surety
				  bond shall be executed by the permittee and a corporate surety licensed to do
				  business in the Commonwealth.
(b)
				  Surety bonds shall be noncancellable during their terms, except that surety
				  bond coverage for lands not disturbed may be cancelled with the prior consent
				  of the division. The division shall advise the surety, within 30 days after
				  receipt of a notice to cancel bond, whether the bond may be cancelled on an
				  undisturbed 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 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.21 - Collateral bonds

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Collateral
				  bonds, except for letters of credit, shall be subject to the following
				  conditions: The division shall-
(1) Keep
				  custody of collateral deposited by the applicant until authorized for release
				  or replacement as provided in this Subchapter.
(2) Value collateral at its current market
				  value, not at face value.
(3)
				  Require that certificates of deposit be made payable to or assigned to the
				  Commonwealth of Virginia, Director-Division of Mined Land Repurposing, both in
				  writing and upon the records of the bank issuing the certificates. The division
				  shall require the banks issuing these certificates to waive all rights of
				  setoff or liens against those certificates and that such certificates be
				  automatically renewable.
(4) Not
				  accept an individual certificate of deposit in an amount in excess of $100,000
				  or the maximum insurable amount as determined by the Federal Deposit Insurance
				  Corporation or the Federal Savings and Loan Insurance Corporation.
(5) Require the applicant to deposit the
				  certificates of deposit in a sufficient amount to assure that the division will
				  be able to liquidate the certificates prior to maturity, upon forfeiture, for
				  the amount of the bond required by this Subchapter.
(6) Require the applicant to designate, with
				  the bond submitted, the person to whom-
(i)
				  The collateral will be endorsed and returned upon release or replacement as
				  provided in this Subchapter; and
(ii) Any interest or dividends paid on the
				  collateral shall be paid.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.23 - Escrow bonding

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  may authorize the permittee to supplement a bonding program through the
				  establishment of an escrow account deposited in one or more federally insured
				  accounts payable on demand only to the division or deposited with the division
				  directly. Contributions to the account may be based on acres affected or tons
				  of coal produced or any other rate approved by the division. In all cases, the
				  total bond including any escrow amount, as determined by the division in the
				  bonding schedule, shall not be less than the amount required under
				  4VAC25-130-800.14 or Part 801, including any adjustments, less amounts released
				  under 4VAC25-130-800.40 or Part 801.
(b) Escrow funds deposited in federally
				  insured accounts shall not exceed the maximum insured amount under applicable
				  Federal insurance programs such as by FDIC or FSLIC.
(c) Interest paid on escrow accounts shall be
				  retained in the escrow account and applied to the bond value of the escrow
				  account unless the division has approved that the interest be paid to the
				  permittee. In order to qualify for interest payment, the permittee shall
				  request such action in writing during the permit application process under
				  4VAC25-130-800.11.
(d) Certificates
				  of deposit may be substituted for escrow accounts upon approval of the
				  division. Provisions of 4VAC25-130-800.21 shall apply to certificates of
				  deposit as collateral bond.
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 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.24 - Combined surety/escrow bonding

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division may accept a combined
				  surety/escrow bonding schedule provided that:
(1) A surety bond payable to the division is
				  posted in the amount determined under 4VAC25-130-800.14 or 4VAC25-130-801.12
				  for reclamation of each successive increment, and
(2) An interest-bearing escrow account
				  payable to the division with a predetermined deposit amount and frequency is
				  established.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.30 - Replacement of bonds

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  division may allow a permittee to replace existing bonds with other bonds that
				  provide equivalent coverage.
(b)
				  The division shall not release existing performance bonds until the permittee
				  has submitted, and the division has approved, acceptable replacement
				  performance bonds. Replacement of a performance bond pursuant to this section
				  shall not constitute a release of bond under 4VAC25-130-800.40.
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 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.40 - Requirements to release performance bonds

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Bond release application.
(1) The permittee may file an application
				  with the division for the release of all or part of a performance bond.
				  Applications may be filed only at times or during seasons authorized by the
				  division in order to properly evaluate the completed reclamation operations.
				  The times or seasons appropriate for the evaluation of certain types of
				  reclamation shall be identified in the mining and reclamation plan required in
				  Subchapter VG.
(2) Within 30 days
				  after an application for bond release has been filed with the division, the
				  permittee shall submit proof of publication of the advertisement placed at
				  least once a week for four successive weeks in a newspaper of general
				  circulation in the locality of the surface coal mining operation. The
				  advertisement shall be considered part of any bond release application and
				  shall contain the applicant's name, the permit number, notification of the
				  precise location of the land affected, the number of acres, the type and amount
				  of the bond filed and the portion sought to be released, the type and
				  appropriate dates of reclamation work performed, a description of the results
				  achieved as they relate to the permittee's approved reclamation plan, and the
				  name and address of the division to which written comments, objections, or
				  requests for public hearings and informal conferences on the specific bond
				  release may be submitted pursuant to 4VAC25-130-800.40(f) and (h). In addition,
				  as part of any bond release application, the permittee shall submit copies of
				  letters which he has sent to adjoining property owners, local governmental
				  bodies, planning agencies, sewage and water treatment authorities, and water
				  companies in the locality in which the surface coal mining and reclamation
				  operation took place, notifying them of the intention to seek release from the
				  bond.
(3) The permittee shall
				  include in the application for bond release a notarized statement which
				  certifies that all applicable reclamation activities have been accomplished in
				  accordance with the requirements of the Act, the regulatory program, and the
				  approved reclamation plan. Such certification shall be submitted for each
				  application or phase of bond release.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.50 - Forfeiture of bonds

Current through Register Vol. 40, No. 24, July 15, 2024
(a) If the
				  permittee refuses or is unable to conduct reclamation of an unabated violation,
				  fails to comply with the terms of the permit, or defaults on the conditions
				  under which the bond was accepted, the division shall take the following action
				  to forfeit all or part of a bond or bonds for the permit area or a portion of
				  the permit area:
(1) Send written
				  notification by certified mail, return receipt requested, to the permittee and
				  the surety on the bond, if any, informing them of the determination to forfeit
				  all or part of the bond, including the reasons for the forfeiture and the
				  amount to be forfeited. The amount shall be based on the estimated total cost
				  of achieving the reclamation plan requirements.
(2) Advise the permittee and surety, if
				  applicable, of the conditions under which forfeiture may be avoided. Such
				  conditions may include, but are not limited to--
(i) Agreement by the permittee or another
				  party to perform reclamation operations in accordance with a compliance
				  schedule acceptable to the division, which meets the conditions of the permit,
				  the reclamation plan, and demonstrates that such party has the ability to
				  satisfy the conditions; or
(ii) The
				  division may allow a surety to complete the reclamation plan if the surety can
				  demonstrate an ability to complete the reclamation in accordance with the
				  approved reclamation plan. Except where the division may approve partial
				  release authorized under 4VAC25-130-800.40, no surety liability shall be
				  released until successful completion of all reclamation under the terms of the
				  permit, including applicable liability periods of 4VAC25-130-800.13.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.51 - Administrative review of performance bond forfeiture

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The permittee or surety, if applicable,
				  may request, in writing, a hearing on the division's determination to forfeit
				  the performance bond within 30 days of receipt of the written determination
				  from the division.
(b) A request
				  for hearing shall not operate as a stay of the bond forfeiture decision. Unless
				  the division decides to withhold forfeiture as provided by 4VAC25-130-800.50
				  (a) (2), it shall take immediate steps to collect the necessary performance
				  bond amounts so that it, or its contractor, may complete the reclamation plan
				  and any other regulatory requirements in the most expeditious manner possible,
				  pending administrative and/or judicial review.
(c)
(1) The
				  division shall commence the hearing within 30 days of the hearing request. The
				  hearing shall be conducted in accordance with § 2.2-4020 of the Code of
				  Virginia by a Hearings Officer appointed by the director.
(2) The burden of proof at such hearing shall
				  be on the party seeking to reverse the decision of the division.
(3) For the purpose of such hearing, the
				  hearings officer may administer oaths and affirmations, subpoena witnesses,
				  written or printed materials, compel attendance of witnesses or production of
				  those materials, compel discovery, and take evidence, including but not limited
				  to site inspections of the land affected.
(4) The hearings officer shall cause an
				  accurate verbatim record of the hearing to be made. The division may charge the
				  reasonable cost of preparing such record to any party who requests a copy of
				  the record.
(5) Ex parte contacts
				  between representatives of the parties to the hearing and the hearings officer
				  shall be prohibited.
(6) Within 30
				  days after the close of the record, the division shall issue and furnish the
				  permittee, surety (if applicable) and each person who participated in the
				  hearing with the written findings of fact, conclusion of law, and order of the
				  hearings officer with respect to the appeal. The decision of the hearings
				  officer shall be final as of the date of issuance, subject to the review and
				  reconsideration by the director or his designee, provided in subsection (d) of
				  this section.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 800 - Requirements for Bonding of Surface Coal Mining and Reclamation Operations › Section 4VAC25-130-800.52 - Bond forfeiture reinstatement procedures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person who owns or controls or has
				  owned or controlled any operation on which the bond has been forfeited or the
				  permit revoked pursuant to this chapter or pursuant to Chapter 10 (§
				  45.2-1000 et seq.) of Title 45.2 of the Code of Virginia and who has not
				  previously been reinstated by the director may petition the director for
				  reinstatement. Reinstatement, if granted, shall be under such terms and
				  conditions as set forth by the director or his designee. The director or his
				  designee in determining the terms and conditions shall consider the particular
				  facts and circumstances existing in each individual case. Reinstatement shall
				  not be available to applicants for reinstatement where the division finds that
				  the applicant controls or has controlled surface coal mining and reclamation
				  operations with a demonstrated pattern of willful violations of the Act of such
				  nature and duration and with such resulting irreparable damage to the
				  environment as to indicate an intent not to comply with the Act, in accordance
				  with 4VAC25-130-773.15(b)(3). As a minimum, the applicant for reinstatement
				  shall satisfy the following requirements:
(1)
				  Abatement of any outstanding violations existing on each site on which the bond
				  has been forfeited or the permit revoked;
(2) Payment of any outstanding civil
				  penalties (both state and federal), Reclamation fund taxes, and any outstanding
				  fees, including Federal Abandoned Mine Land Reclamation taxes;
(3) Reclaim each site on which the bond was
				  forfeited according to the applicable law, regulations and standards governing
				  the site at the time of bond forfeiture;
(4) Payment to the director of any money
				  expended by the Commonwealth in excess of the forfeited bond amount to
				  accomplish the reclamation of the sites; and
(5) Pay to the director a reinstatement fee
				  of $5,000 assessed by the director on each site forfeited. These fees shall be
				  used by the director to accomplish reclamation on other forfeited or abandoned
				  surface coal mining operations.