reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.106 - Backfilling and grading; previously mined areas

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Remining operations on previously mined
				  areas that contain a preexisting highwall shall comply with the requirements of
				  4VAC25-130-817.102 through 4VAC25-130-817.107, except as provided in this
				  section.
(b) The requirements of
				  4VAC25-130-817.102(a)(1) and (a)(2) requiring the elimination of highwalls
				  shall not apply to remining operations where the volume of all reasonably
				  available spoil is demonstrated in writing to the division to be insufficient
				  to completely backfill the reaffected or enlarged highwall. The highwall shall
				  be eliminated to the maximum extent technically practical in accordance with
				  the following criteria:
(1) All spoil
				  generated by the remining operation and any other reasonably available spoil
				  shall be used to backfill the area. Reasonably available spoil in the immediate
				  vicinity of the remining operation shall be included within the permit
				  area.
(2) The backfill shall be
				  graded to a slope which is compatible with the approved postmining land use and
				  which provides adequate drainage and long-term stability.
(3) Any highwall remnant shall be stable and
				  not pose a hazard to the public health and safety or to the environment. The
				  permittee shall demonstrate, to the satisfaction of the division, that the
				  highwall remnant is stable.
(4)
				  Spoil placed on the outslope during previous mining operations shall not be
				  disturbed if such disturbances will cause instability of the remaining spoil or
				  otherwise increase the hazard to the public health and safety or to the
				  environment.
(5) Access roads shall
				  be provided from the bench to the top of the highwall approximately every 2,500
				  feet. Access roads shall be constructed to allow access by 4-wheel drive
				  vehicles.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.107 - Backfilling and grading; steep slopes

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Underground mining activities on steep
				  slopes shall be conducted so as to meet the requirements of 4VAC25-130-817.102
				  through 4VAC25-130-817.106 and the requirements of this section.
(b) The following materials shall not be
				  placed or allowed to remain on the downslope:
(1) Spoil.
(2) Waste materials of any type.
(3) Debris, including that from clearing and
				  grubbing.
(4) Abandoned or disabled
				  equipment.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.111 - Revegetation; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  The permittee shall establish on regraded areas and on all other disturbed
				  areas except water areas and surface areas of roads that are approved as part
				  of the postmining land use, a vegetative cover that is in accordance with the
				  approved permit and reclamation plan and that is--
(1) Diverse, effective, and
				  permanent;
(2) Comprised of species
				  native to the area, or of introduced species where desirable and necessary to
				  achieve the approved postmining land use and approved by the
				  division;
(3) At least equal in
				  extent of cover to the natural vegetation of the area; and
(4) Capable of stabilizing the soil surface
				  from erosion.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.113 - Revegetation; timing

Current through Register Vol. 40, No. 24, July 15, 2024
Disturbed areas shall be planted during the first normal
					 period for favorable planting conditions after replacement of the plant-growth
					 medium. The normal period for favorable planting is that planting time
					 generally accepted locally for the type of plant materials selected.
When necessary to effectively control erosion, disturbed
					 areas shall be planted, as contemporaneously as practicable with the completion
					 of backfilling and grading, with a temporary cover of small grains, grasses, or
					 legumes until a permanent cover is established.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.114 - Revegetation; mulching and other soil stabilizing practices

Current through Register Vol. 40, No. 24, July 15, 2024
Suitable mulch or other soil stabilizing practices shall
					 be used on all areas that have been regraded and covered by topsoil or topsoil
					 substitutes. The division may waive this requirement if seasonal, soil, or
					 slope factors result in a condition where mulch or other soil stabilizing
					 practices are not necessary to control erosion and to promptly establish an
					 effective vegetative cover.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.116 - Revegetation; standards for success

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Success of revegetation shall be judged
				  on the effectiveness of the vegetation for the approved postmining land use,
				  the extent of cover compared to the cover occurring in natural vegetation of
				  the area, and the general requirements of 4VAC25-130-817.111.
(1) Statistically valid sampling techniques
				  shall be used for measuring success.
(2) Ground cover, production, or stocking
				  shall be considered equal to the approved success standard when they are not
				  less than 90% of the success standard. The sampling techniques for measuring
				  success shall use a 90% statistical confidence interval (i.e., a one-sided test
				  with a 0.10 alpha error). Sampling techniques for measuring woody plant
				  stocking, ground cover, and production shall be in accordance with techniques
				  approved by the division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.121 - Subsidence control

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Measures to
				  prevent or minimize damage.
(1) The permittee
				  shall either adopt measures consistent with known technology which prevent
				  subsidence from causing material damage to the extent technologically and
				  economically feasible, maximize mine stability, and maintain the value and
				  reasonably foreseeable use of surface lands; or adopt mining technology which
				  provides for planned subsidence in a predictable and controlled manner. Nothing
				  in this part shall be construed to prohibit the standard method of
				  room-and-pillar mining.
(2) If a
				  permittee employs mining technology that provides for planned subsidence in a
				  predictable and controlled manner, the permittee must take necessary and
				  prudent measures, consistent with the mining method employed, to minimize
				  material damage to the extent technologically and economically feasible to
				  noncommercial buildings and occupied residential dwellings and structures
				  related thereto except that measures required to minimize material damage to
				  such structures are not required if:
(i) The
				  permittee has the written consent of the structure owners;
(ii) Unless the anticipated damage would
				  constitute a threat to health or safety, the costs of such measures exceed the
				  anticipated costs of repair; or
(iii) The structure owners have denied the
				  permittee access to implement the measures specified in subdivision (a) (2) of
				  this section and the permittee has provided written evidence of his good faith
				  efforts to obtain access. The good faith effort shall include documentation
				  apprising the structure owners that such measures are intended to lessen the
				  potential for property damages or personal injury and that denial of access
				  will not prevent mining.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.122 - Subsidence control; notice

Current through Register Vol. 40, No. 24, July 15, 2024
At least six months prior to mining, or within that period
					 if approved by the division, the permittee shall mail a notification to all
					 owners and occupants of surface property and structures above the underground
					 workings. The notification shall include, at a minimum, identification of
					 specific areas in which mining will take place, dates that specific areas will
					 be undermined, and the location or locations where the permittee's subsidence
					 control plan may be examined.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.131 - Cessation of operations; temporary

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The permittee shall effectively support
				  and maintain all surface access openings to underground operations, and secure
				  surface facilities in areas in which there are no current operations, but in
				  which operations are to be resumed under an approved permit. Temporary
				  abandonment shall not relieve a permittee of his obligation to comply with any
				  provisions of the approved permit.
(b) Before temporary cessation of mining and
				  reclamation operations for a period of 30 days or more, or as soon as it is
				  known that a temporary cessation will extend beyond 30 days, the permittee
				  shall submit to the division, a notice of intention to cease or abandon mining
				  and reclamation operations. This notice shall include a statement of the exact
				  number of surface acres and the horizontal and vertical extent of the
				  subsurface strata which have been affected in the permit area prior to
				  abandonment or cessation, the extent and kind of reclamation of those areas
				  which will have been accomplished, identification of the backfilling,
				  regrading, revegetation, environmental monitoring, underground opening closures
				  and water treatment activities that will continue during the temporary
				  cessation, and the anticipated time period for which the temporary cessation of
				  mining and reclamation operations will be in effect.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.132 - Cessation of operations; permanent

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Persons who cease underground mining
				  activities permanently shall close or backfill or otherwise permanently reclaim
				  all affected areas, in accordance with this chapter and the permit approved by
				  the division.
(b) All surface
				  equipment, structures or other facilities not required for continued
				  underground mining activities and monitoring, unless approved by the division
				  as suitable for the postmining land use or environmental monitoring, shall be
				  removed and the affected land reclaimed.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.133 - Postmining land use

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. All disturbed areas shall be restored in a timely manner to conditions
				  that are capable of supporting--
(1) The uses
				  they were capable of supporting before any mining; or
(2) Higher or better uses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.150 - Roads; general

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Road
				  classification system.
(1) Each road, as
				  defined in 4VAC25-130-700.5, shall be classified as either a primary road or an
				  ancillary road.
(2) A primary road
				  is any road which is--
(i) Used for
				  transporting coal or spoil;
(ii)
				  Frequently used for access or other purposes for a period in excess of six
				  months; or
(iii) To be retained for
				  an approved postmining land use.
(3) An ancillary road is any road not
				  classified as a primary road.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.151 - Primary roads

Current through Register Vol. 40, No. 24, July 15, 2024
Primary roads shall meet the requirements of
					 4VAC25-130-817.150 and the additional requirements of this section.
(a) Certification and construction.
(1) The construction or reconstruction of
				  primary roads shall be certified in a report to the division by a qualified
				  registered professional engineer. The report shall indicate that the primary
				  road has been constructed or reconstructed as designed and in accordance with
				  the approved plan.
(2) The
				  centerline of a proposed road shall be flagged prior to field
				  inspection.
(3) All roads shall be
				  subject to a tolerance of plus or minus 2.0% grade.
(4) Grading. The grade of a road shall not
				  exceed 10% unless a steeper grade is justified by site conditions and
				  topography.
(i) The grade shall be controlled
				  to minimize erosion and sedimentation.
(ii) The road surface shall be sloped toward
				  the ditch line at the minimum rate of 1/2 inch per foot of width or crowned at
				  the minimum rate of 1/2 inch per foot of width as measured from the centerline
				  of the road.
(5) Cuts.
				  Cut slopes shall not be steeper than 1v:1.5h in unconsolidated materials, 1v:1h
				  in shale, or 1v:0.25h in sandstone. Steeper slopes may be specifically
				  authorized by the division based on the geotechnical analysis.
(6) Revegetation. All disturbed areas shall
				  be seeded and mulched immediately after construction. If construction occurs
				  during the non-seeding period of November 1-February 15, the permittee may use
				  alternate methods upon approval by the division for control of erosion.
				  Adequate vegetation to control erosion shall be maintained.
(7) Excess or unsuitable material from
				  excavations shall be disposed of in accordance with 4VAC25-130-817.71. Acid-
				  and toxic-forming material shall be disposed of in accordance with
				  4VAC25-130-817.41, 4VAC25-130-817.81, and 4VAC25-130-817.102.
(8) Temporary erosion-control measures shall
				  be implemented during construction to minimize sedimentation and erosion until
				  permanent control measures can be established.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.152 - Existing roads

Current through Register Vol. 40, No. 24, July 15, 2024
Where existing roads that are to be used meet the
					 performance standards of 4VAC25-130-817.150 and 4VAC25-130-817.151 or it can be
					 demonstrated that reconstruction to meet the design standards of
					 4VAC25-130-817.150 and 4VAC25-130-817.151 would result in greater environmental
					 harm, the division may waive the design requirements of those sections;
					 however, such roads are to be constructed and maintained to control or prevent
					 erosion. Review will place emphasis on stabilization and the water control
					 system.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.180 - Utility installations

Current through Register Vol. 40, No. 24, July 15, 2024
All underground mining activities shall be conducted in a
					 manner which minimizes damage, destruction, or disruption of services provided
					 by oil, gas, and water wells; oil, gas, and coal-slurry pipelines; railroads;
					 electric and telephone lines; and water and sewage lines which pass over,
					 under, or through the permit area, unless otherwise approved by the owner of
					 those facilities and the division.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.181 - Support facilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Support
				  facilities shall be operated in accordance with a permit issued for the mine or
				  coal preparation plant to which it is incident or from which its operation
				  results.
(b) In addition to the
				  other provisions of this Part, support facilities shall be located, maintained,
				  and used in a manner that--
(1) Prevents or
				  controls erosion and siltation, water pollution, and damage to public or
				  private property; and
(2) To the
				  extent possible using the best technology currently available--
(i) Minimizes damage to fish, wildlife, and
				  related environmental values; and
(ii) Minimizes additional contributions of
				  suspended solids to stream flow or runoff outside the permit area. Any such
				  contributions shall not be in excess of limitations of State or Federal
				  law.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This Part sets environmental protection performance
					 standards for surface coal mining and reclamation operations involving auger
					 mining.
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 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.11 - Auger mining; general

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Auger mining operations shall be conducted in accordance with the requirements
				  of Part 816, except as provided in this Part.
(b) The division may prohibit auger mining,
				  if necessary to--
(1) Maximize the
				  utilization, recoverability, or conservation of the solid-fuel resource,
				  or
(2) Protect against adverse
				  water-quality impacts.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.13 - Auger mining; coal recovery

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Auger mining shall be conducted so as to
				  maximize the utilization and conservation of the coal in accordance with
				  4VAC25-130-816.59.
(b) Auger mining
				  shall be planned and conducted to maximize recoverability of mineral reserves
				  remaining after the operation and reclamation are complete.
(c) The permittee shall leave areas of
				  undisturbed coal, as approved by the division, to provide access for future
				  underground mining activities to coal reserves remaining after augering is
				  completed, unless it is established that the coal reserves have been depleted
				  or are so limited in thickness or extent that it will not be practicable to
				  recover the remaining coal. This determination shall be made by the division
				  upon presentation of appropriate technical evidence by the permittee.
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 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.15 - Auger mining; hydrologic balance

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Auger mining shall be planned and
				  conducted to minimize disturbances of the prevailing hydrologic balance in
				  accordance with the requirements of 4VAC25-130-816.41 and
				  4VAC25-130-816.42.
(b) All auger
				  holes, except as provided in Paragraph (c) of this section, shall be--
(1) Sealed within 72 hours after completion
				  with an impervious and noncombustible material, if the holes are discharging
				  water containing acid-or toxic-forming material. If sealing is not possible
				  within 72 hours, the discharge shall be treated commencing within 72 hours
				  after completion to meet applicable effluent limitations and water-quality
				  standards until the holes are sealed; and
(2) Sealed with an impervious noncombustible
				  material, as contemporaneously as practicable with the augering operation, as
				  approved by the division, if the holes are not discharging water containing
				  acid- or toxic-forming material.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.17 - Auger mining; subsidence protection

Current through Register Vol. 40, No. 24, July 15, 2024
Auger mining shall be conducted in accordance with the
					 requirements of 4VAC25-130-817.121(a) and (c).
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 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.19 - Auger mining; backfilling and grading

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. Auger mining shall be conducted
				  in accordance with the backfilling and grading requirements of
				  4VAC25-130-816.102 and 4VAC25-130-816.104 through 4VAC25-130-816.107 and the
				  additional requirements of this section.
(b) Remining. Where auger mining operations
				  affect previously mined areas that were not reclaimed to the standards of this
				  chapter and the volume of all reasonably available spoil is demonstrated in
				  writing to the division to be insufficient to completely backfill the highwall,
				  the highwall shall be eliminated to the maximum extent technically practical in
				  accordance with the following criteria:
(1)
				  The permittee shall demonstrate to the division that the backfill, designed by
				  a qualified registered professional engineer, has a minimum static safety
				  factor for the stability of the backfill of at least 1.3.
(2) All spoil generated by the auger mining
				  operation and any associated surface coal mining and reclamation operation, and
				  any other reasonably available spoil shall be used to backfill the area.
				  Reasonably available spoil shall include spoil generated by the mining
				  operation and other spoil located in the permit area that is accessible and
				  available for use and that when rehandled will not cause a hazard to the public
				  safety or significant damage to the environment. For this purpose, the permit
				  area shall include spoil in the immediate vicinity of the auger mining
				  operation.
(3) The coal seam mined
				  shall be covered with a minimum of four feet of nonacid-, nontoxic-forming
				  material and the backfill graded to a slope which is compatible with the
				  approved postmining land use and which provides adequate drainage and long-term
				  stability.
(4) Any remnant of the
				  highwall shall be stable and not pose a hazard to the public health and safety
				  or to the environment.
(5) Spoil
				  placed on the outslope during previous mining operations shall not be disturbed
				  if such disturbances will cause instability of the remaining spoil or otherwise
				  increase the hazard to the public health and safety or to the
				  environment.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 819 - Special Permanent Program Performance Standards-Auger Mining › Section 4VAC25-130-819.21 - Auger mining; protection of underground mining

Current through Register Vol. 40, No. 24, July 15, 2024
Auger holes shall not extend closer than 500 feet (measured
					 horizontally) to any abandoned or active underground mine workings, except as
					 approved in accordance with 4VAC25-130-816.79.
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 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland › Section 4VAC25-130-823.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part sets forth special environmental protection
					 performance, reclamation, and design standards for surface coal mining and
					 reclamation operations on prime farmland.
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 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland › Section 4VAC25-130-823.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The U.S.
				  Natural Resources Conservation Service within the State shall establish
				  specifications for prime farmland soil removal, storage, replacement, and
				  reconstruction.
(b) The division
				  shall use the soil-reconstruction specifications of Paragraph (a) of this
				  section to carry out its responsibilities under 4VAC25-130-785.17 and
				  Subchapter VJ.
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 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland › Section 4VAC25-130-823.11 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
The requirements of this Part shall not apply to:
(a) Surface facilities of underground mines
				  that are actively used over extended periods of time and where such uses affect
				  a minimal amount of land. Such uses shall meet the requirements of Part 817 for
				  underground mining activities; or
(b) Disposal areas containing coal mine waste
				  resulting from underground mines that is not technologically and economically
				  feasible to store in underground mines or on non- prime farmland. The operator
				  shall minimize the area of prime farmland used for such purposes.
(c) Prime farmland that has been excluded in
				  accordance with 4VAC25-130-785.17(a).
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 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland › Section 4VAC25-130-823.12 - Soil removal and stockpiling

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Prime farmland soils shall be removed
				  from the areas to be disturbed before drilling, blasting, or mining.
(b) The minimum depth of soil and soil
				  materials to be removed and stored for use in the reconstruction of prime
				  farmland shall be sufficient to meet the requirements of
				  4VAC25-130-823.14(b).
(c) Soil
				  removal and stockpiling operations on prime farmland shall be conducted to--
(1) Separately remove the topsoil, or remove
				  other suitable soil materials where such other soil materials will create a
				  final soil having a greater productive capacity than that which exists prior to
				  mining. If not utilized immediately, this material shall be placed in
				  stockpiles separate from the spoil and all other excavated materials;
				  and
(2) Separately remove the B or
				  C soil horizon or other suitable soil material to provide the thickness of
				  suitable soil required by 4VAC25-130-823.14(b), except as approved by the
				  division where the B or C soil horizons would not otherwise be removed and
				  where soil capabilities can be retained. If not utilized immediately, each
				  horizon or other material shall be stockpiled separately from the spoil and all
				  other excavated materials. Where combinations of such soil materials created by
				  mixing have been shown to be equally or more favorable for plant growth than
				  the B horizon, separate handling is not necessary.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 823 - Special Permanent Program Performance Standards-Operations on Prime Farmland › Section 4VAC25-130-823.14 - Soil replacement

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Soil
				  reconstruction specifications established by the U. S. Natural Resources
				  Conservation Service shall be based upon the standards of the National
				  Cooperative Soil Survey and shall include, as a minimum, physical and chemical
				  characteristics of reconstructed soils and soil descriptions containing
				  soil-horizon depths, soil densities, soil pH, and other specifications such
				  that reconstructed soils will have the capability of achieving levels of yield
				  equal to, or higher than, those on nonmined prime farmland in the surrounding
				  area.
(b) The minimum depth of soil
				  and substitute soil material to be reconstructed shall be 48 inches, or a
				  lesser depth equal to the depth to a subsurface horizon in the natural soil
				  that inhibits or prevents root penetration, or a greater depth if determined
				  necessary to restore the original soil productive capacity. Soil horizons shall
				  be considered as inhibiting or preventing root penetration if their physical or
				  chemical properties or water-supplying capacities cause them to restrict or
				  prevent penetration by roots of plants common to the vicinity of the permit
				  area and if these properties or capacities have little or no beneficial effect
				  on soil productive capacity.
(c)
				  The permittee shall replace and regrade the soil horizons or other root zone
				  material with proper compaction and uniform depth. Excessive compaction shall
				  be avoided.
(d) The permittee shall
				  replace the B horizon, C horizon, or other suitable material specified in
				  4VAC25-130-823.12(c)(2) to the thickness needed to meet the requirements of
				  Paragraph (b) of this section. In those areas where the B or C horizons were
				  not removed but may have been compacted or otherwise damaged during the mining
				  operation, the operator shall engage in deep tilling or other appropriate means
				  to restore pre-mining capabilities.
(e) The permittee shall replace the topsoil
				  or other suitable soil materials specified in 4VAC25-130-823.12(c)(1) as the
				  final surface soil layer. This surface soil layer shall equal or exceed the
				  thickness of the original surface soil layer, as determined by the soil
				  survey.
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 824 - Special Permanent Program Performance Standards-Mountaintop Removal › Section 4VAC25-130-824.2 - Objectives

Current through Register Vol. 40, No. 24, July 15, 2024
The objectives of this Part are to--
(a) Enhance coal recovery;
(b) Reclaim the land to equal or higher
				  postmining use; and
(c) Protect and
				  enhance environmental and other values protected under the Act and this
				  chapter.
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 825 - Special Permanent Program Performance Standards-Remining Areas with Pollutional Discharges › Section 4VAC25-130-825.11 - Operational requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A permittee who receives an authorization to mine areas
					 with preexisting pollutional discharges under 4VAC25-130-785.19 shall comply
					 with the requirements of this Subchapter except as specifically modified by
					 this Part. The permittee shall also:
(1) Implement the approved water quality and
				  quantity monitoring program for the pollution abatement area until the
				  requirements of 4VAC25-130-825.14 are met.
(2) Implement the approved abatement
				  plan.
(3) Notify the division
				  immediately prior to the completion of each step of the abatement
				  plan.
(4) Provide progress reports
				  to the division within 30 days after the completion of each step of the
				  abatement program that all work has been performed in accordance with the terms
				  and conditions of the pollution abatement authorization and the approved maps,
				  plans, cross-sections, and specifications.
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 825 - Special Permanent Program Performance Standards-Remining Areas with Pollutional Discharges › Section 4VAC25-130-825.12 - Treatment of discharges

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Except for preexisting discharges from or on the pollution abatement area for
				  which authorization is granted under 4VAC25-130-785.19, the permittee shall
				  comply with 4VAC25-130-816.42 and 4VAC25-130-817.42.
(b) The permittee shall treat the preexisting
				  discharges from or on the pollution abatement area for which authorization is
				  granted under 4VAC25-130-785.19 to comply with the effluent limitations
				  established by best professional judgment. The effluent limitations established
				  by best professional judgment shall not allow discharge of pollutants in excess
				  of the baseline pollution load. Any discharge from or affected by the remining
				  operation shall be in accordance with the applicable State water quality
				  standards.
(c) A permittee required
				  to treat preexisting discharges will be allowed to discontinue treating the
				  discharges under Subsection (b) when the permittee affirmatively demonstrates
				  to the division that:
(1) The preexisting
				  discharges are meeting the effluent limitations established by Subsection (b)
				  as shown by all ground and surface water monitoring conducted by the permittee
				  or the division.
(2) Surface coal
				  mining activities under the permit, including the pollution abatement area, are
				  being or were conducted under the requirements of the permit and the
				  authorization and this Subchapter, except as specifically modified by this
				  Part.
(3) The permittee has
				  implemented each step of the abatement plan as approved in the
				  authorization.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 825 - Special Permanent Program Performance Standards-Remining Areas with Pollutional Discharges › Section 4VAC25-130-825.13 - Request for bond release

Current through Register Vol. 40, No. 24, July 15, 2024
4VAC25-130-800.40, 4VAC25-130-801.17 and 4VAC25-130-801.18
					 shall apply to the release of bonds for pollution abatement areas except as
					 modified by 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 825 - Special Permanent Program Performance Standards-Remining Areas with Pollutional Discharges › Section 4VAC25-130-825.14 - Criteria and schedule for release of bonds on pollution abatement areas

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division
				  will release up to 50% of the amount of bond for the authorized pollution
				  abatement area if the permittee demonstrates and the division finds that:
(1) The surface coal mining activities were
				  conducted on the permit area, including the pollution abatement area, under the
				  requirements of the permit and the authorization and this chapter, except as
				  specifically modified by this Part.
(2) The permittee has satisfactorily
				  completed backfilling, regrading, and drainage control under the approved
				  reclamation plan.
(3) The permittee
				  has properly implemented each step of the pollution abatement plan approved and
				  authorized under this chapter.
(4)
				  The permittee has not caused degradation of the baseline pollution load for a
				  period of a minimum of six months prior to the submittal of the request for
				  bond release under this Part and until the bond release is approved as shown by
				  all ground and surface water monitoring conducted by the permittee under
				  4VAC25-130-825.11 or conducted by the division.
(5) The permittee has not caused or
				  contributed to additional surface water pollution by reaffecting or mining the
				  pollution abatement area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 827 - Permanent Program Performance Standards-Coal Preparation Plants Not Located Within the Permit Area of a Mine › Section 4VAC25-130-827.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This Part sets forth requirements for coal preparation
					 plants operated in connection with a coal mine but outside the permit area for
					 a specific mine.
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 827 - Permanent Program Performance Standards-Coal Preparation Plants Not Located Within the Permit Area of a Mine › Section 4VAC25-130-827.11 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each person who operates a coal preparation plant subject
					 to this Part shall obtain a permit in accordance with 4VAC25-130-785.21, obtain
					 a bond in accordance with Subchapter VJ, and operate that plant in accordance
					 with the requirements of 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 827 - Permanent Program Performance Standards-Coal Preparation Plants Not Located Within the Permit Area of a Mine › Section 4VAC25-130-827.12 - Coal preparation plants; performance standards

Current through Register Vol. 40, No. 24, July 15, 2024
Construction, operation, maintenance, modification,
					 reclamation, and removal activities at coal preparation plants shall comply
					 with the following:
(a) Signs and
				  markers for the coal preparation plant, coal processing waste disposal area,
				  and water-treatment facilities shall comply with 4VAC25-130-816.11.
(b) Any stream channel diversion shall comply
				  with 4VAC25-130-816.43.
(c)
				  Drainage from any disturbed area related to the coal preparation plant shall
				  comply with 4VAC25-130-816.45 through 4VAC25-130-816.47, and all discharges
				  from these areas shall meet the requirements of 4VAC25-130-816.41 and
				  4VAC25-130-816.42 and any other applicable State or Federal law.
(d) Permanent impoundments associated with
				  coal preparation plants shall meet the requirements of 4VAC25-130-816.49 and
				  4VAC25-130-816.56. Dams constructed of, or impounding, coal processing waste
				  shall comply with 4VAC25-130-816.84.
(e) Disposal of coal processing waste,
				  noncoal mine waste, and excess spoil shall comply with 4VAC25-130-816.81,
				  4VAC25-130-816.83, 4VAC25-130-816.84, 4VAC25-130-816.87, 4VAC25-130-816.89, and
				  4VAC25-130-816.71 through 4VAC25-130-816.75, respectively.
(f) Fish, wildlife, and related environmental
				  values shall be protected in accordance with 4VAC25-130-816.97.
(g) Support facilities related to the coal
				  preparation plant shall comply with 4VAC25-130-816.181.
(h) Roads shall comply with
				  4VAC25-130-816.150 through 4VAC25-130-816.152.
(i) Cessation of operations shall be in
				  accordance with 4VAC25-130-816.131 and 4VAC25-130-816.132.
(j) Erosion and air pollution attendant to
				  erosion shall be controlled in accordance with 4VAC25-130-816.95.
(k) Adverse effects upon, or resulting from,
				  nearby underground coal mining activities shall be minimized by appropriate
				  measures including, but not limited to, compliance with
				  4VAC25-130-816.79.
(l) Reclamation
				  shall follow proper topsoil handling, backfilling and grading, revegetation,
				  and postmining land use procedures in accordance with 4VAC25-130-816.22,
				  4VAC25-130-816.100, 4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.106,
				  4VAC25-130-816.111, 4VAC25-130-816.113, 4VAC25-130-816.114, 4VAC25-130-816.116,
				  and 4VAC25-130-816.133, respectively.
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 828 - Special Permanent Program Performance Standards-In Situ Processing › Section 4VAC25-130-828.2 - Objectives

Current through Register Vol. 40, No. 24, July 15, 2024
This Part is intended to ensure that all in situ processing
					 activities are conducted in a manner which preserves and enhances environmental
					 values in accordance with the Act. This Part provides additional performance,
					 reclamation and design standards to reflect the nature of in situ
					 processing.
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 828 - Special Permanent Program Performance Standards-In Situ Processing › Section 4VAC25-130-828.11 - In situ processing; performance standards

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The person who conducts in situ
				  processing activities shall comply with Part 817 and this section.
(b) In situ processing activities shall be
				  planned and conducted to minimize disturbance to the prevailing hydrologic
				  balance by:
(1) Avoiding discharge of fluids
				  into holes or wells, other than as approved by the division;
(2) Injecting process recovery fluids only
				  into geologic zones or intervals approved as production zones by the
				  division;
(3) Avoiding annular
				  injection between the wall of the drill hole and the casing; and
(4) Preventing discharge of process fluid
				  into surface waters.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 828 - Special Permanent Program Performance Standards-In Situ Processing › Section 4VAC25-130-828.12 - In situ processing; monitoring

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each person who conducts in situ
				  processing activities shall monitor the quality and quantity of surface and
				  ground water and the subsurface flow and storage characteristics, in a manner
				  approved by the division under 4VAC25-130-817.41, to measure changes in the
				  quantity and quality of water in surface and ground water systems in the permit
				  area and in adjacent areas.
(b) Air
				  and water quality monitoring shall be conducted in accordance with monitoring
				  programs approved by the division as necessary according to appropriate Federal
				  and State air and water quality standards.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.