reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-200 - Diesel engine mechanic instructor

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall have teaching experience
				  and be a certified diesel engine mechanic or possess appropriately related work
				  experience approved by the chief.
B. Applicants shall maintain the certificate
				  by teaching at least one approved diesel engine mechanic course every two years
				  or at least one approved diesel engine mechanic continuing education course
				  every year.
C. Documentation shall
				  be submitted to the division indicating the required teaching has been
				  completed.
D. Failure to complete
				  the required teaching shall result in suspension of the certification.
				  Applicants may meet the teaching requirement by teaching under the supervision
				  of a certified diesel mechanic engine instructor. If the teaching requirement
				  is not met one year from suspension, then the certification shall be revoked by
				  the BCME.
E. The division shall
				  send notice of any suspension to the last known address that the certified
				  person reported to the division in accordance with
				  4VAC25-20-20
				  I. Upon request, the department will provide the mine operator and other
				  interested parties with a list of individuals whose certification is in
				  suspension or has been revoked.
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 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-210 - Advanced first aid

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall complete a 24-hour advanced first aid class, at minimum,
				  taught by a certified advanced first aid instructor or possess appropriately
				  related work experience approved by the chief and pass the advanced first aid
				  examination.
B. Approved advanced
				  first aid classes shall cover the following subjects:
1. Introduction to first aid;
2. Respiratory emergencies and
				  cardiopulmonary resuscitation; i.e., heart saver or other four-hour
				  equivalent;
3. Removal of foreign
				  bodies from the throat (the Heimlich Maneuver);
4. Wounds;
5. Shock;
6. Specific injuries including head and
				  chest;
7. Contamination, infection,
				  and prevention;
8. Burns;
9. Cold exposure and frost bite;
10. Bone and joint injuries;
11. Dressings and bandages;
12. Sudden illness;
13. Emergency underground rescue and
				  transfer;
14. Unusual rescue
				  situations related to mining;
15.
				  Poisoning, toxic and hazardous materials;
16. Transportation of victims; and
17. Heat exposure.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-220 - Advanced first aid instructor

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall be certified as an advanced first aid instructor by the
				  American Red Cross, National Safety Council, Virginia Office of Emergency
				  Medical Services, or as otherwise approved by the chief. Applicants shall also
				  be certified in cardiopulmonary resuscitation by the American Heart
				  Association, the American Red Cross, or other training programs approved by the
				  Virginia Office of Emergency Medical Services and approved by the chief.
				  Advanced first aid instructors must use the materials and training aids
				  necessary to deliver the skills and training associated with advanced first
				  aid.
B. The holder of the
				  certificate shall submit documentation to the division indicating that they
				  have continued their certification as required by subsection A of this section
				  or by teaching one initial or refresher first aid training course for the
				  department within a two-year period.
C. Failure to maintain a certified advanced
				  first aid instructor's certification will result in suspension of the
				  applicant's BCME certification. Applicants may meet the teaching requirement by
				  teaching under the supervision of an advanced first aid instructor. If the
				  certification is not renewed within one year from the suspension date, then the
				  certification shall be revoked by the BCME.
D. The division shall send notice of any
				  suspension to the last known address of the certified person reported to the
				  division in accordance with
				  4VAC25-20-20
				  I. Upon request, the department will provide the mine operator and other
				  interested parties with a list of individuals whose certification is in
				  suspension or has been revoked.
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 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-230 - Surface facilities foreman for shops, labs and warehouses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Applicants shall
				  possess one year work experience at a shop, lab or warehouse or appropriately
				  related work experience approved by the chief.
B. Applicants shall pass the surface
				  facilities foreman and gas detection examinations.
C. This certification shall not be used in
				  lieu of any other certification.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-240 - Automatic elevator operator

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall possess one year mining experience or appropriately related
				  work experience approved by the chief.
B. Applicants shall pass the automatic
				  elevator operator and gas detection examinations.
C. The applicant shall obtain written
				  permission from a mine official to have a representative from the division
				  observe the applicant's operation of an automatic elevator at the mine.
				  Permission shall be on company stationery, signed by the company official, and
				  submitted to the division prior to the scheduled observation. The applicant
				  shall demonstrate proper use of the equipment.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, 45.1-161.34 and
						45.1-161.35 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-250 - Gas detection qualification

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall demonstrate the proper
				  use of gas detection equipment and shall pass the gas detection examination.
				  The applicant shall also demonstrate a practical knowledge of mine
				  gases.
B. The general requirements
				  of 4VAC25-20-20 shall not apply except
				  the applicants shall complete Form DM-BCME-1.
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34
						of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-255 - General coal miner (GCM) surface and underground

Current through Register Vol. 40, No. 24, July 15, 2024
A. General coal miner certification, surface,
				  authorizes work at surface mines, surface facility locations and surface areas
				  of underground coal mines. This does not authorize underground duties at
				  underground coal mines. General coal miner certification, underground,
				  authorizes work at underground areas and surface areas of underground
				  mines.
B. Applicants employed in
				  Virginia coal mines prior to January 1, 1996, who wish to become certified
				  shall:
1. Meet the requirements of Part I
				  (4VAC25-20-10 et seq.) of this
				  chapter;
2. Submit a notarized work
				  experience form verifying (surface or underground) mining experience prior to
				  January 1, 1996; and
3. Pass the
				  gas detection examination if they are not already gas detection qualified
				  unless working only on the surface of a mine.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part II - Certification Requirements › Section 4VAC25-20-259 - BCME instructor

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Instructors conducting training used to meet requirements of the BCME shall be
				  certified unless otherwise approved in this chapter.
B. To become a certified instructor, the
				  person shall:
1. Submit an application showing
				  applicable mining knowledge and instructor experience.
2. Agree to monitoring and evaluation by
				  division instructors and demonstrate the knowledge, skill and ability to
				  conduct training.
3. Agree to
				  participate with division representatives in a review of the materials to be
				  taught if the person is not certified in the areas he wishes to
				  teach.
4. Provide students with the
				  opportunity to critique the instructor's effectiveness by use of a critique
				  form.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part III - Certification Requirements for Mineral Mining [Repealed] › Section 4VAC25-20-260 to 4VAC25-20-330 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part IV - On-Site Examination of Underground Mine Foreman › Section 4VAC25-20-350 - Actions brought before the BCME

Current through Register Vol. 40, No. 24, July 15, 2024
A. The examination shall be the basis of any
				  enforcement action brought before the board for failure to display a thorough
				  understanding of the roof control plan and ventilation for the area of the mine
				  for which he is responsible.
B.
				  Refusal of the underground mine foreman to submit to examination will
				  constitute just cause to be brought before the board and may result in
				  suspension of certification and revocation of certification by the
				  board.
Statutory Authority: §§
												45.1-161.28 and
						45.1-161.34 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part V - Guidelines for On-Site Examination of an Underground Mine Foreman › Section 4VAC25-20-360 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section
				  45.2-528 of the Code of Virginia provides for on-site examination of an
				  underground mine foreman by a mine inspector to determine that the foreman has
				  a thorough understanding of the roof control plan and ventilation for the area
				  of the mine for which he is responsible. The procedures followed by the
				  inspector in conducting an on-site examination of an underground mine foreman
				  must be consistent with requirements in Part IV (4VAC25-20-340 et
				  seq.) of this chapter. This includes the use of questions approved by the board
				  which are administered in accordance with this chapter.
B. The purpose of examining an underground
				  mine foreman is to measure and evaluate his knowledge and understanding of mine
				  roof control and ventilation for the areas of his responsibility. Underground
				  mine foremen are required to demonstrate this and other elements of mine safety
				  when they become certified to act as mine foremen in the Commonwealth of
				  Virginia.
C. An on-site examination
				  by the mine inspector will only be initiated when there is just cause that the
				  underground mine foreman has failed to maintain safe roof control and
				  ventilation for his area of responsibility at the mine. Just cause for an
				  on-site examination of an underground mine foreman by a mine inspector must be
				  based on issuance of an order of closure or violation related to a hazardous
				  condition pertaining to roof control or ventilation.
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 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part V - Guidelines for On-Site Examination of an Underground Mine Foreman › Section 4VAC25-20-370 - Determination by the inspector to conduct an on-site examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. An order of
				  closure issued in accordance with § 45.2-569 of the Code of Virginia, or
				  notice of violation issued in accordance with § 45.2-568 of the Code of
				  Virginia that relate to roof control or ventilation hazards, shall be reviewed
				  at the time it is issued for evidence of underground mine foreman negligence,
				  which could require on-site examination of the mine foreman by the mine
				  inspector. In making the determination whether or not to conduct an on-site
				  examination, the mine inspector must establish the following:
1. The roof or ventilation hazards cited
				  resulted from performing his duties with less than ordinary care. Ordinary care
				  means the use of such care as a reasonably prudent and careful underground mine
				  foreman could use under similar circumstances.
2. The underground mine foreman knew or
				  should have known of the existence of the hazardous
				  condition.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part V - Guidelines for On-Site Examination of an Underground Mine Foreman › Section 4VAC25-20-380 - Notification of intent to conduct an on-site examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The mine inspector will notify the
				  underground mine foreman of an order of closure or notice of violation for a
				  hazardous condition related to roof control or ventilation in the area of the
				  foreman's responsibility. The inspector will let him know that he intends to
				  invoke the provision of the law for an on-site examination of the
				  foreman.
B. The following approach
				  will be taken by the mine inspector in giving notice to the underground mine
				  foreman:
1. The notification will be given by
				  the inspector in private.
2. The
				  inspector will be courteous and professional in explaining the reason for the
				  on-site examination.
3. The
				  inspector will explain the procedures he will follow in conducting the on-site
				  examination.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part V - Guidelines for On-Site Examination of an Underground Mine Foreman › Section 4VAC25-20-390 - Procedures for conducting on-site examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The on-site examination of the underground
				  mine foreman will be handled in such a way as to not prevent the foreman from
				  performing his duties. The on-site examination must be conducted, to the extent
				  possible, immediately on arrival outside on the surface on the day the order of
				  closure or notice of violation is issued.
B. These procedures will be followed in
				  conducting the on-site examination:
1. The
				  examination will be administered in a written format.
2. The mine inspector will choose the 10
				  questions from the approved pool related to the condition or practice being
				  cited by the order of closure or notice of violation.
3. The underground mine foreman will be
				  provided sufficient time to write out his answers to the questions. He may
				  refer to plans or other information available to him. However, no other person
				  may assist him in answering the questions. The mine inspector will remain with
				  the mine foreman during the written examination.
4. The mine inspector will read the questions
				  being asked to the underground mine foreman if requested and should answer any
				  questions from the mine foreman which could help to clarify his understanding
				  of the questions.
5. The
				  underground mine foreman may respond to the questions orally. In this case, the
				  mine inspector will record the response of the mine foreman to each question on
				  the examination form, have the foreman sign the form as accurately representing
				  the response, and provide the mine foreman a copy promptly upon
				  completion.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part V - Guidelines for On-Site Examination of an Underground Mine Foreman › Section 4VAC25-20-400 - Results of the on-site examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. The mine inspector will promptly check the
				  responses given by the underground mine foreman for each of the 10 questions
				  asked. At least eight of the 10 questions must be answered correctly to
				  successfully complete the on-site examination. The results of the on-site
				  examination will be reviewed promptly with the underground mine foreman. A copy
				  of the written on-site examination competed by the underground mine foreman
				  will be provided to him promptly by the mine inspector.
B. The circumstances related to the on-site
				  examination of the underground mine foreman, including pass or fail results,
				  will be described in the inspector's report, and will be reviewed as part of
				  the closeout of the scheduled inspection activity for the mine.
C. The chief will notify the underground mine
				  foreman and mine operator in writing of the petition to the BCME for a formal
				  hearing. Should a petition for a hearing be requested, the hearing would be
				  conducted in accordance with Part VI (4VAC25-20-410 et seq.) of this
				  chapter.
D. If an underground mine
				  foreman successfully appeals a violation which resulted in an on-site
				  evaluation and further establishes to the BCME that he had a thorough knowledge
				  of such plans, then the failure of the on-site examination shall not be used in
				  any other revocation against the foreman.
Statutory Authority: §§
												45.1-161.28 and
						45.1-161.34 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part VI - Hearing Procedures › Section 4VAC25-20-410 - Prehearing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  person wishing to bring any matter before the board shall use these procedures
				  except for good cause shown before the board.
B. Petitions for action by the board shall be
				  in writing, shall state the grounds for the petition before the board, shall
				  state the relief sought, and shall include any applicable supporting material,
				  as set out below:
1. For certification to be
				  revoked in accordance with § 45.2-528 of the Code of Virginia, the
				  petitioner or petitioners shall submit specific charges, which set forth the
				  reasons why the certification should be revoked.
2. To request a reexamination for a
				  certificate revoked pursuant to § 45.2-528 of the Code of Virginia, the
				  holder of the revoked certificate shall submit a request for reexamination with
				  evidence that the cause for revocation of his certificate has ceased to
				  exist.
3. For other petitions
				  before the board, the petitioner shall submit a written petition explaining the
				  request being made and the relief being sought.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part VI - Hearing Procedures › Section 4VAC25-20-420 - Conduct of formal hearings

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  hearings shall be heard during scheduled meetings of the board, on a
				  case-by-case basis, in the order the petitions appear on the docket.
B. Hearings shall be held in the department's
				  Big Stone Gap office, unless a different location is agreed to by mutual
				  consent of the parties to the hearing and the Chairman of the BCME.
C. Hearings requiring case decisions shall be
				  recorded.
D. Each party has the
				  right to be represented by legal counsel.
E. The chairman, with the concurrence of the
				  majority of the board present at a hearing, shall have the authority to limit
				  evidence to that relevant to the issues. Any proofs, rebuttal, and cross
				  examination which are immaterial, insubstantial, privileged, or repetitive may
				  be excluded.
F. The chairman may
				  continue, adjourn and reconvene the hearing as necessary.
G. Decisions of the board shall be made based
				  on a preponderance of the evidence placed before it.
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 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part VI - Hearing Procedures › Section 4VAC25-20-430 - Post-hearing procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  board may require submittal of briefs from the parties to a hearing concerning
				  the issues of record before the board. The board shall schedule submittal of
				  briefs at the time of the hearing.
B. Transcripts of the proceeding shall be
				  provided on request to any party to the hearing at cost. Motions to correct any
				  transcript shall be filed within 10 working days after delivery of the
				  transcript, and shall be ruled on by the chief within 10 working days after his
				  receipt of the motion. Any corrections shall be sent to all parties to the
				  hearing who have received a copy of the transcript.
C. Decisions shall be rendered in writing and
				  communicated to parties to the proceeding in accordance with the Administrative
				  Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§§ 45.1-161.28, 45.1-161.29, and 45.1-161.34
						of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 20 - BOARD OF COAL MINING EXAMINERS CERTIFICATION REQUIREMENTS › Part VI - Hearing Procedures › Form - FORMS (4VAC25-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Certification Examination, DM-BCME-1 (rev.
					 5/09).
Verification of Work Experience, DM-BCME-2 (rev.
					 10/05).
Verification of Training Completed for General Coal Miner
					 Certification, DM-BCME-3 (rev. 5/09).
Application for Recertification: DMLR Endorsement/Blaster's
					 Certification, DMLR-BCME-3 (rev. 6/95).
Verification for Training Completed for Continuing
					 Education, DM-BCME-4 (rev. 10/05).
Application for DMLR Endorsement: Blaster's Certification
					 (Coal Surface Mining Operation), DMLR-BCME-4 (rev. 6/95).
Advanced First Aid Practical Stations & CPR (Written
					 & Practical), DM-BCME-5 (rev. 10/05).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part I - General Provisions › Section 4VAC25-31-20 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter establishes general and specific rules for
					 mining permits, bonds, operations and reclamation procedures, roads,
					 revegetation, and other matters related to mineral mining.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part I - General Provisions › Section 4VAC25-31-30 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
The permittee shall comply fully with the requirements of
					 Chapter 12 (§ 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia and
					 this regulation and shall further ensure compliance by all employees,
					 contractors, or other persons performing mining or reclamation
					 activities.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part I - General Provisions › Section 4VAC25-31-40 - Modifications

Current through Register Vol. 40, No. 24, July 15, 2024
The division may approve modifications or amendments to any
					 drainage, reclamation and operation plan required under Chapter 12 (§
					 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia and provisions of
					 these regulations. All modifications or amendments shall be valid only when
					 approved in writing.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part I - General Provisions › Section 4VAC25-31-60 - Other governmental agencies and laws

Current through Register Vol. 40, No. 24, July 15, 2024
Any mineral mining permit issued shall not supersede or
					 otherwise affect or prevent the enforcement of other laws and regulations of
					 federal, state, or local governments.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part I - General Provisions › Section 4VAC25-31-70 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. These
				  regulations shall not apply to:
1. Excavation
				  or grading when conducted solely to aid on-site farming or
				  construction;
2. Mining of coal,
				  unless the coal is mined incidental to the mining of minerals;
3. Searching, prospecting, exploring or
				  investigating for minerals by drilling; and
4. Excavation or grading when conducted by an
				  agency or governmental unit of the Commonwealth, local government, or the
				  federal government using government employees.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-80 - Contiguous area

Current through Register Vol. 40, No. 24, July 15, 2024
Contiguous areas mined by a single operator shall be
						covered under one permit; however, the director may, at his discretion, combine
						noncontiguous areas into a single permit where such areas are close to each
						other and are part of the same operation.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-90 - Operator conference with inspector

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to approval of a permit application, all maps and
						plans shall be reviewed at the proposed mining site with the
						inspector.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-100 - Mineral mining permits

Current through Register Vol. 40, No. 24, July 15, 2024
Permits shall be renewed annually, in a manner acceptable
						to the director, to continue to remain in effect. Paper filings shall be
						considered acceptable.
Statutory Authority: §§ 45.1-161.3 and
						  45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-110 - Permit application

Current through Register Vol. 40, No. 24, July 15, 2024
Application for a mineral mining permit shall be made in
						a form prescribed by the director and shall be certified by the applicant or
						his authorized representative. Copies of the application shall be submitted to
						the division in a manner acceptable to the director. Paper filings shall be
						considered acceptable.
Statutory Authority: §§ 45.1-161.3 and
						  45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-120 - Permit fee and bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. Permit
					 fees for the initial permit application and permit renewal shall be submitted
					 upon receipt of a billing notice from the director and before the permit is
					 issued or renewed. Fees shall be paid in accordance with § 45.2-1205 of
					 the Code of Virginia.
B. Permit
					 fees for the transfer of a mine permit shall be submitted upon receipt of a
					 billing notice from the director and before the transferred permit is issued.
					 Fees shall be paid in accordance with § 45.2-1211 of the Code of
					 Virginia.
C. All fees shall be in
					 the form of cash, check, money order, or other form of payment acceptable to
					 the director.
D. A bond is required
					 as set forth in Part III of this regulation. Bonding shall be provided once the
					 permit application is deemed complete.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-140 - Marking of permit boundaries

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 permit boundary of the mine shall be clearly marked with identifiable markings
					 when mine related land disturbing activities are within 100 feet of the permit
					 boundary.
B. This section is not
					 applicable to lands disturbed prior to September 11, 2003.
C. Maintenance of permit boundary markers is
					 not required after completion of construction, completion of final
					 disturbances, or completion of final reclamation unless the area is being
					 redisturbed by mining.
D. Separate
					 boundary markings are not required if clear, readily identifiable features,
					 such as streams, permanent roads, or permanent power lines coincide with the
					 permit boundary.
Statutory Authority: §§ 45.1-161.3 and
						  45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-150 - Maps

Current through Register Vol. 40, No. 24, July 15, 2024
A. Maps shall be
					 supplied as described in §§ 45.2-1205 and 45.2-1206 of the Code of
					 Virginia and in this chapter that show the total area to be permitted and the
					 area to be affected in the next ensuing year (with acreage
					 calculated).
B. Preparation of
					 maps.
1. All application, renewal, and
					 completion maps shall be prepared and certified under the direction of a
					 professional engineer, licensed land surveyor, licensed geologist, issued by a
					 standard mapping service, or prepared in such a manner as to be acceptable to
					 the director.
2. If maps are not
					 prepared by the applicant, the certification of the maps shall read as follows:
					 "I hereby certify that this map is correct and shows to the best of my
					 knowledge and belief, all the information required by the mineral mining laws
					 and regulations of the Department of Energy."
3. The applicant shall submit a general
					 location map showing the location of the mine, such as a county highway map or
					 equivalent, in the initial application.
4. Sensitive features within 500 feet of the
					 permit boundary including state waters, cemeteries, oil and gas wells,
					 underground mine workings, public utilities and utility lines, buildings,
					 roads, schools, churches, and occupied dwellings shall be shown.
5. All properties, and their owners, within
					 1,000 feet of the permit boundary shall be identified in the initial
					 application.
6. Wetlands that have
					 been previously delineated shall be shown within the permit boundary.
7. Riparian buffers that have been previously
					 delineated shall be shown within the permit boundary.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-160 - Legal right

Current through Register Vol. 40, No. 24, July 15, 2024
A. A statement
					 of the source of the legal right of the applicant to enter and conduct
					 operations on the land proposed to be covered by the permit as noted in §
					 45.2-1205 of the Code of Virginia shall be submitted to the division. In
					 addition, the applicant shall submit proof of right of entry, which shall
					 consist of a copy of the lease or deed, or names of parties to the lease or
					 deed, date of execution, and recording information.
B. On the permit application, the applicant
					 shall disclose any type of mining permit, revocations, security deposited in
					 lieu of bond that has been revoked or forfeited, and bond forfeitures in
					 Virginia or any other state with which he or any individual, corporation,
					 trust, partnership, association, or other legal entity with which he has or has
					 had control or common control.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-170 - Permit application notifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall notify the following
					 parties of a new permit application via certified mail:
1. Property owners within 1,000 feet of the
					 permit boundary.
2. The Chief
					 Administrative Official of the local political subdivision where the
					 prospective mining operation would take place.
3. All public utilities on or within 500 feet
					 of permit boundary.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-180 - Impoundments

Current through Register Vol. 40, No. 24, July 15, 2024
The design data and construction plans and specifications
						for impoundments meeting the criteria set forth in Chapter 13 (§ 45.2-1300
						et seq.) of Title 45.2 of the Code of Virginia shall be submitted to the
						director prior to initiation of construction activities. Such a plan shall be
						certified as prepared by, or under the supervision of, a registered
						professional engineer and shall include:
1. Design and construction
					 specifications;
2. Examination and
					 monitoring;
3. Emergency
					 procedures; and
4. Closure and
					 abandonment plans.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-190 - Availability of permits

Current through Register Vol. 40, No. 24, July 15, 2024
Mineral mining permits , a copy of the permit
						application, and a copy of the approved mineral mining plan shall be kept
						on-site while mining is underway.
Statutory Authority: §§ 45.1-161.3 and
						  45.1-180.3 of the Code of Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 1 - Permits › Section 4VAC25-31-200 - Exemption for restricted mining

Current through Register Vol. 40, No. 24, July 15, 2024
Any operator engaging in mining and disturbing less than
						a total of one acre of land and removing less than a total of 500 tons of
						minerals, is exempt from all mining permit fees, renewal fees and bonding
						requirements in this chapter. The mining operator shall submit an application
						for a permit, a sketch of the mining site, and an operations plan, which shall
						be adhered to in accordance with §§ 45.2-1205 and 45.2-1206 of the
						Code of Virginia.
Statutory Authority: § 45.2-103 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part II - Permit Standards › Article 2 - Permit Renewal and Surety Adjustments › Section 4VAC25-31-210 - Annual renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a
					 permitted mineral mine operator wishes to continue operations, the mineral
					 mining permit shall be renewed each year within 10 days of the anniversary
					 date. If the time requirements set forth herein are not met, the permit shall
					 expire 10 days following the anniversary date.
B. A renewal fee in the amount of $16 per
					 acre for previous acres disturbed plus estimated additional acres to be
					 disturbed in the next 12 months shall accompany the permit renewal submitted to
					 the director.
C. The permit renewal
					 shall be submitted on a form prescribed by the director. The renewal shall be
					 signed by the applicant or his legal representative. The permit renewal and
					 maps must be received by the anniversary date and meet the requirements in
					 4VAC25-31-100 through
					 4VAC25-31-220.
D. If in a given year there are no changes to
					 the map required in
					 4VAC25-31-150, the operator may
					 submit a certification instead of the map for the year. The certification shall
					 read as follows: "I, the undersigned, hereby certify that no changes have been
					 made in the different areas or in other map features since the last annual
					 permit renewal or modification."
E.
					 If at renewal time, bond or other surety is less than the required coverage,
					 the director will notify the operator in writing of the amount required. The
					 operator shall submit the required bond according to the requirements in
					 4VAC25-31-220 through
					 4VAC25-31-270 before the area is
					 disturbed.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						  Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-220 - Requirements for bonding of mineral mines

Current through Register Vol. 40, No. 24, July 15, 2024
A. Once the permit application is deemed
				  complete, the applicant shall submit a bond or bonds on a form meeting the
				  requirements in 4VAC25-31-220 through
				  4VAC25-31-270,
				  made payable to the department and conditioned upon the satisfactory
				  performance of all the requirements of this chapter, the approved permit, and
				  Chapter 12 (§ 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia,
				  including completion of the reclamation plan so that the land will be capable
				  of supporting the approved post-mining land use.
B. The bond or bonds shall cover the entire
				  area presently disturbed by mining plus the estimated number of acres to be
				  disturbed in the upcoming year.
C.
				  As additional areas outside the bonded acreage are to be disturbed to
				  facilitate the mining operation, the permittee shall file a bond or bonds to
				  cover the acreage with the division.
D. Bond shall be posted and accepted by the
				  division prior to disturbing an area for mining-related activity.
E. Permitted operators shall certify annually
				  with the permit renewal the type, current insurer or bank, and the amount of
				  all reclamation bonds.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-230 - Period of liability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The bond
				  liability shall be for the duration of the mineral mining operation and for the
				  period following reclamation, which is necessary to demonstrate the success of
				  the final reclamation.
B. In lieu
				  of the requirements of
				  4VAC25-31-240 through
				  4VAC25-31-270,
				  a permittee accruing five years of satisfactory operation under Chapter 12
				  (§ 45.2-1200 et seq.) of Title 45.1 of the Code of Virginia shall be
				  required to enter the Minerals Reclamation Fund as established in Article 4
				  (§ 45.2-1234 et seq.) of Chapter 12 of Title 45.2 of the Code of Virginia
				  and
				  4VAC25-31-320.
				  All performance bonds will be released upon acceptance in the Minerals
				  Reclamation Fund and payment of required fees.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-240 - Bond amount

Current through Register Vol. 40, No. 24, July 15, 2024
A. Bond shall be
				  set in accordance with § 45.2-1208 of the Code of Virginia.
B. The minimum bond for a mineral mining
				  permit shall be $3,000, except for restricted permits and Minerals Reclamation
				  Fund participants.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-250 - General terms and conditions of bond

Current through Register Vol. 40, No. 24, July 15, 2024
A. The bond shall be of the form and amount
				  as specified by the division.
B.
				  The performance bond shall be payable to the department.
C. The performance bond shall be conditioned
				  upon satisfactory performance of all the requirements of this chapter, the
				  approved permit, and Chapter 12 (§ 45.2-1200 et seq.) of Title 45.2 of the
				  Code of Virginia, including completion of the reclamation plan so that the land
				  will be capable of supporting the approved post-mining land use.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-260 - Form of performance bond

Current through Register Vol. 40, No. 24, July 15, 2024
The bond shall be submitted in the form of cash, check,
					 certificate of deposit, insurance surety bond, or irrevocable letter of credit.
A. Certificates of deposit.
1. Certificates of deposit must be made
				  payable to the Treasurer of Virginia, Division of Mineral Mining.
2. The amount of the certificate of deposit
				  must include the maximum early withdrawal penalty rounded up to the next higher
				  hundred dollars.
3. The original
				  certificate of deposit shall be submitted to the division and held by the
				  division throughout the bond liability period.
4. Certificates of deposit must be
				  automatically renewable.
5. The
				  certificate of deposit must be from a bank located in the Commonwealth of
				  Virginia or approved as an allowable bank depository by the Virginia Department
				  of Treasury.
6. Interest accrued on
				  certificates of deposit may be deposited to the permittee's individual account
				  and is free of encumbrance by bond liability.
7. In the event of forfeiture of a
				  certificate of deposit, the face value of the deposit plus any accrued interest
				  that has been rolled back into the certificate principal will be subject to
				  bond liability and expenditure in the performance of the reclamation
				  obligation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-270 - 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.
Statutory Authority
§§ 45.1-161.3 and 45.1-180.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 31 - RECLAMATION REGULATIONS FOR MINERAL MINING › Part III - Bonding › Section 4VAC25-31-280 - Release of bond

Current through Register Vol. 40, No. 24, July 15, 2024
The division may release all or part of the bond for the
					 entire permit area or a portion of the permit area if the division is satisfied
					 that all reclamation covered by the bond or portion thereof has been
					 accomplished in accordance with this chapter, the approved permit, and Chapter
					 12 (§ 45.2-1200 et seq.) of Title 45.2 of the Code of Virginia, including
					 completion of the reclamation plan so that the land will be capable of
					 supporting the approved post-mining land use.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.