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 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.13 - Petitions

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Right to
				  petition. Any person having an interest which is or may be adversely affected
				  has the right to petition the Director to have an area designated as unsuitable
				  for surface coal mining operations, or to have an existing designation
				  terminated. For the purpose of this action, a person having an interest which
				  is or may be adversely affected must demonstrate how he meets an "injury in
				  fact" test by describing the injury to his specific affected interests and
				  demonstrate how he is among the injured.
(b) Designation. A complete petition for
				  designation shall include:
(1) The
				  petitioner's name, address, telephone number, and notarized
				  signature;
(2) A statement of
				  whether the petitioner is an individual, an association, sole proprietorship,
				  partnership, corporation, or other entity. If the petitioner is an entity other
				  than an individual, the petition shall contain the names and addresses of the
				  principals, officers, and the resident agent of the petitioner;
(3) Identification of the petitioned area,
				  including its location and size, and a U.S. Geological Survey topographic map
				  clearly outlining the perimeter of the petitioned area;
(4) An identification of the petitioner's
				  interest which is or may be adversely affected by surface coal mining
				  operations, including a statement demonstrating how the petitioner satisfies
				  the requirements of Paragraph (a) of this section;
(5) The owners and lessees, if known, of the
				  surface and mineral property of the area covered by the petition;
(6) A description of how mining of the area
				  has affected or may adversely affect people, land, air, water, or other
				  resources, including the petitioner's interests; and
(7) Allegations of fact and supporting
				  evidence, covering all lands in the petition area, which tend to establish that
				  the area is unsuitable for surface coal mining operations, pursuant to specific
				  criteria of § 45.2-1028 of the Act, assuming that contemporary mining
				  practices required under the Act would be followed if the area were to be
				  mined. Each of the allegations of fact should be specific as to the mining
				  operation, if known, and the portion(s) of the petitioned area and petitioner's
				  interests to which the allegation applies and be supported by evidence that
				  tends to establish the validity of the allegations for the mining operation or
				  portion of the petitioned areas.
(8) The Director or the division may request
				  that the petitioner provide other supplementary information which is readily
				  available.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.15 - Initial processing, recordkeeping, and notification requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
(1) Within 60 days of receipt of a petition,
				  the division shall notify the petitioner by certified mail whether the petition
				  is complete under 4VAC25-130-764.13(b) or (c). Complete, for a designation or
				  termination petition, means that the information required under
				  4VAC25-130-764.13(b) or (c) has been provided.
(2) The division shall determine whether any
				  identified coal resources exist in the area covered by the petition, without
				  requiring any showing from the petitioner. If the division finds there are not
				  any identified coal resources in that area, the Director shall return the
				  petition to the petitioner with a statement of the findings.
(3) If the Director determines that the
				  petition is incomplete, frivolous, or that the petitioner does not meet the
				  requirements of 4VAC25-130-764.13(a), he shall return the petition to the
				  petitioner with a written statement of the reasons for the determination and
				  the categories of information needed to make the petition complete. A frivolous
				  petition is one in which the allegations of harm lack serious merit.
(4) When considering a petition for an area
				  which was previously and unsuccessfully proposed for designation, the division
				  shall determine if the new petition presents significant new allegations of
				  facts with evidence which tends to establish the allegations. If the petition
				  does not contain such material, the Director may choose not to consider the
				  petition and may return the petition to the petitioner, with a statement of his
				  findings and a reference to the record of the previous designation proceedings
				  where the facts were considered.
(5) The Director shall notify the person who
				  submits a petition of any application for a permit received which includes any
				  area covered by the petition.
(6)
				  The Director may determine not to process any petition received insofar as it
				  pertains to lands for which an administratively complete permit application has
				  been filed and the first newspaper notice has been published. Based on such a
				  determination, the division may issue a decision on a complete and accurate
				  permit application and the Director shall inform the petitioner why he cannot
				  consider the part of the petition pertaining to the proposed permit
				  area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.17 - Hearing requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Within
				  3 months, but no later than 10 months, following the receipt of a complete
				  petition, the Director shall hold a public hearing in the locality of the area
				  covered by the petition. In cases where a petition is filed prior to the first
				  newspaper notice publication, required by 4VAC25-130-773.13(a)(1) pursuant to
				  an administratively complete permit application, the Director shall conduct a
				  hearing within 3 months, unless it is determined that due to the complexity of
				  the issues additional time is necessary to prepare for the hearing, in which
				  case, the time limit may be extended to the maximum of 10 months. If all
				  petitioners and intervenors agree, the hearing need not be held. The hearing
				  shall be fact finding in nature. The Hearing Officer is empowered to administer
				  oaths and may at his discretion allow rebuttal of witnesses and
				  cross-examination and rebuttal of expert witnesses. Parties to the hearing may
				  subpoena witnesses as necessary. The Hearing Officer shall make a verbatim
				  record of the hearing which shall be preserved according to State law. No
				  person shall bear the burden of proof or persuasion. The Hearing Officer shall
				  send a copy of the record, any exhibits, and his recommended findings and
				  decision to the Director and to each party to the proceeding. Parties to the
				  proceeding may file exceptions to the recommended findings and decision to the
				  Director. In addition to the Hearing Officer decision and recommendation all
				  relevant parts of the data base and public comments received during the comment
				  period and the complete administrative record shall be forwarded to the
				  Director by the division, to be included in the Director's decision on the
				  petition.
(b)
(1) The Director shall give notice of the
				  date, time, and location of the hearing to:
(i) Local, State, and Federal agencies which
				  may have an interest in the decision on the petition;
(ii) The petitioner and the intervenors;
				  and
(iii) Any person known by the
				  Director to have a property interest in the petitioned area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.19 - Decision

Current through Register Vol. 40, No. 24, July 15, 2024
(a) In reaching his
				  decision, the Director shall use:
(1) The
				  information contained in the data base and inventory system as required by
				  4VAC25-130-764.21;
(2) Information
				  provided by other governmental agencies;
(3) The detailed statement when it is
				  prepared under 4VAC25-130-764.17(e); and
(4) Any other relevant information submitted
				  during the comment period.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.21 - Data base and inventory system requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The Department shall develop and maintain
				  a data base and inventory system which will permit evaluation of whether
				  reclamation is feasible in areas covered by petitions.
(b) The Department shall include in the
				  system information relevant to the criteria in 4VAC25-130-762.11, including,
				  but not limited to, information received from the United States Fish and
				  Wildlife Service, the State Historic Preservation Officer, and the Department
				  of Environmental Quality which administers Section 127 of the Clean Air Act, as
				  amended ( 42 USC § 7420 et seq.).
(c) The Department shall add to the data base
				  and inventory system information:
(1) On
				  potential coal resources of the Commonwealth, demand for those resources, the
				  environment, the economy and the supply of coal, sufficient to enable the
				  Director to prepare the statements required by 4VAC25-130-764.17(e);
				  and
(2) That becomes available from
				  petitions, publications, experiments, permit applications, mining and
				  reclamation operations, and other sources.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.23 - Public information

Current through Register Vol. 40, No. 24, July 15, 2024
The Director shall:
(a) Make the information in the data base and
				  inventory system developed under 4VAC25-130-764.21 available to the public for
				  inspection free of charge and for copying at reasonable cost, except that
				  specific information relating to location of properties proposed to be
				  nominated to, or listed in, the National Register of Historic Places need not
				  be disclosed if the Director determines that the disclosure of such information
				  would create a risk of destruction or harm to such properties;
(b) Provide information to the public on the
				  petition procedures necessary to have an area designated as unsuitable for all
				  or certain types of surface coal mining operations or to have designations
				  terminated and describe how the inventory and data base system can be
				  used.
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 764 - Procedures for Designating Areas Unsuitable for Surface Coal Mining Operations › Section 4VAC25-130-764.25 - Responsibility for implementation

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  The division shall not issue permits which are inconsistent with designations
				  made pursuant to Part 761, 762, or 764.
(b) The Department shall maintain a map or
				  other unified and cumulative record of areas designated unsuitable for all or
				  certain types of surface coal mining operations.
(c) The division shall make available to any
				  person any information within its control regarding designations, including
				  mineral or elemental content which is potentially toxic in the environment but
				  excepting proprietary information on the chemical and physical properties of
				  the coal.
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 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part establishes the requirements and procedures
					 applicable to coal exploration operations on all lands except for Federal lands
					 subject to the requirements of 43 CFR Parts 3480 - 3487.
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 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.11 - Notice requirements for exploration removing 250 tons of coal or less

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Any person who
				  intends to conduct coal exploration operations outside a permit area during
				  which 250 tons or less of coal will be removed shall, before conducting the
				  exploration, file with the division a written notice of intention to explore.
				  Exploration which will take place on lands designated as unsuitable for surface
				  coal mining operations under Subchapter VF, shall be subject to the permitting
				  requirements under 4VAC25-130-772.12. Exploration conducted under a notice of
				  intent shall be subject to the requirements prescribed under
				  4VAC25-130-772.13.
(b) The notice
				  shall include-
(1) The name, address, and
				  telephone number of the person seeking to explore;
(2) The name, address, and telephone number
				  of the person's representative who will be present at, and responsible for,
				  conducting the exploration activities;
(3) A narrative describing the proposed
				  exploration area and map, at a scale of 1:24,000 or larger, showing the
				  proposed area of exploration and the general location of drillholes and
				  trenches, existing and proposed roads, occupied dwellings, topographic
				  features, bodies of surface water, and pipelines.
(4) A statement of the period of intended
				  exploration; and
(5) A description
				  of the method of exploration to be used and the practices that will be followed
				  to protect the environment from adverse impacts of coal exploration and to
				  reclaim the area of the exploration activities.
(6) Any person who conducts coal exploration
				  activities pursuant to this section which substantially disturb the natural
				  land surface shall comply with Part 815.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.13 - Coal exploration compliance duties

Current through Register Vol. 40, No. 24, July 15, 2024
(a) All coal exploration and reclamation
				  activities that substantially disturb the natural land surface shall be
				  conducted in accordance with the coal exploration requirements of this Part,
				  Part 815, the regulatory program, and any exploration permit term or condition
				  imposed by the division.
(b) Any
				  person who conducts any coal exploration in violation of the provisions of this
				  Part, Part 815, the regulatory program, or any exploration permit term or
				  condition imposed by the division shall be subject to the provisions of
				  Subchapter VL.
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 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.14 - Commercial use or sale

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except
				  as provided under 4VAC25-130-772.14(b), any person who intends to commercially
				  use or sell coal extracted during coal exploration operations under an
				  exploration permit, shall first obtain a permit to conduct surface coal mining
				  operations for those operations from the division under Parts 773 through
				  785.
(b) With the prior written
				  approval of the division, no permit to conduct surface coal mining operations
				  is required for the sale or commercial use of coal extracted during exploration
				  operations if such sale or commercial use is for coal testing purposes only.
				  The person conducting the exploration shall file an application for such
				  approval with the division. The application shall demonstrate that the coal
				  testing is necessary for the development of a surface coal mining and
				  reclamation operation for which a surface coal mining operations permit
				  application is to be submitted in the near future, and that the proposed
				  commercial use or sale of coal extracted during exploration operations is
				  solely for the purpose of testing the coal. The application shall contain the
				  following:
(1) The name of the testing firm
				  and the locations at which the coal will be tested.
(2) If the coal will be sold directly to, or
				  commercially used directly by, the intended end user, a statement from the
				  intended end user, or if the coal is sold indirectly to the intended end user
				  through an agent or broker, a statement from the agent or broker. The statement
				  shall include:
(i) The specific reason for the
				  test, including why the coal may be so different from the intended user's other
				  coal supplies as to require testing;
(ii) the amount of coal necessary for the
				  test and why a lesser amount is not sufficient; and
(iii) a description of the specific tests
				  that will be conducted.
(3) Evidence that sufficient reserves of coal
				  are available to the person conducting exploration or its principals for future
				  commercial use or sale to the intended end user, or agent or broker of such
				  user identified above, to demonstrate that the amount of coal to be removed is
				  not the total reserve, but is a sampling of a larger reserve.
(4) An explanation as to why other means of
				  exploration, such as core drilling, are not adequate to determine the quality
				  of the coal and/or the feasibility of developing a surface coal mining
				  operation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 772 - Requirements for Coal Exploration › Section 4VAC25-130-772.15 - Public availability of information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Except as provided in Paragraph (b) of
				  this section, all information submitted to the Division under this Part shall
				  be made available for public inspection and copying at the division
				  office.
(b) The Division shall keep
				  information confidential if the person submitting it requests in writing, at
				  the time of submission, that it be kept confidential and the information
				  concerns trade secrets or is privileged commercial or financial information
				  relating to the competitive rights of the persons intending to conduct coal
				  exploration.
(c) Information
				  requested to be held as confidential under Paragraph (b) of this section shall
				  not be made publicly available until after notice and opportunity to be heard
				  is afforded persons both seeking and opposing disclosure of the
				  information.
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 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part provides minimum requirements for permits and
					 permit processing and covers obtaining and reviewing permits; coordinating with
					 other laws; public participation; permit decision and notification; permit
					 conditions; and permit term and right of renewal.
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 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.11 - Requirements to obtain permits

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  All operations. No person shall engage in or carry out any surface coal mining
				  operations, unless such person has first obtained a permit issued by the
				  division, except as provided for in Paragraph (b) of this section. A permittee
				  need not renew the permit if no surface coal mining operations will be
				  conducted under the permit and solely reclamation activities remain to be done.
				  Obligations established under a permit continue until completion of surface
				  coal mining and reclamation operations, regardless of whether the authorization
				  to conduct surface coal mining operations has expired or has been terminated,
				  revoked, or suspended.
(b)
				  Continued operations under Federal program permits.
(1) A permit issued by the Director of the
				  OSM pursuant to a Federal program for the Commonwealth shall be valid under any
				  superseding State program approved by the Secretary.
(2) The Federal permittee shall have the
				  right to apply to the division for a State permit to supersede the Federal
				  permit.
(3) The division may review
				  a permit issued pursuant to the superseded Federal program to determine that
				  the requirements of the Act and the approved State program are not violated by
				  the Federal permit, and to the extent that the approved State program contains
				  additional requirements not contained in the Federal program for the State, the
				  division shall--
(i) Promptly issue an order
				  requiring the permittee to comply with such additional requirements within 60
				  days of the issuance of the order, unless the permittee demonstrates to the
				  division that it is physically impossible to meet those additional requirements
				  within 60 days, or unless the division agrees to a longer period under an
				  established time schedule;
(ii)
				  Notify the permittee, in writing, of the right to a hearing with respect to the
				  order. A request for hearing must be filed in writing with the division within
				  30 days of issuance of the order; and
(iii) Provide the permittee a reasonable time
				  to conform ongoing surface coal mining and reclamation operations to the
				  requirements of the State program.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.12 - Regulatory coordination with other agencies

Current through Register Vol. 40, No. 24, July 15, 2024
To avoid duplication, the division shall provide for the
					 coordination of review and issuance of permits for surface coal mining and
					 reclamation operations with applicable requirements of the Endangered Species
					 Act of 1973, as amended, ( 16 USC § 1531 et seq.); the Fish and Wildlife
					 Coordination Act, as amended, ( 16 USC § 661 et seq.); the Migratory Bird
					 Treaty Act of 1918, as amended, ( 16 USC § 703 et seq.); the National
					 Historic Preservation Act of 1966, as amended ( 16 USC § 470 et seq.); the
					 Bald Eagle Protection Act, as amended ( 16 USC § 668a ); and Executive
					 Order 11593.
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 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.13 - Public participation in permit processing

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Filing and public notice.
(1) Upon submission of an administratively
				  complete application, an applicant for a permit, significant revision of a
				  permit under 4VAC25-130-774.13, or renewal of a permit under 4VAC25-130-774.15,
				  shall place an advertisement in a local newspaper of general circulation in the
				  locality of the proposed surface coal mining and reclamation operation at least
				  once a week for four consecutive weeks. A copy of the advertisement as it will
				  appear in the newspaper shall be submitted to the division. The advertisement
				  shall contain, at a minimum, the following:
(i) The name and business address of the
				  applicant.
(ii) A map or
				  description which clearly shows or describes the precise location and
				  boundaries of the proposed permit area and is sufficient to enable local
				  residents to readily identify the proposed permit area. It may include towns,
				  bodies of water, local landmarks, and any other information which would
				  identify the location. The name of the U.S. Geological Survey 7.5 minute
				  quadrangle map(s) which contains the area shown or described shall be stated;
				  and if a map is used, it shall indicate the north direction.
(iii) The location where a copy of the
				  application is available for public inspection.
(iv) The name and address of the division
				  office where written comments, objections, or requests for informal conferences
				  on the application may be submitted under Paragraphs (b) and (c) of this
				  section.
(v) If an applicant seeks
				  a permit to mine within 100 feet of the outside right-of-way of a public road
				  or to relocate or close a public road, except where public notice and hearing
				  have previously been provided for this particular part of the road in
				  accordance with 4VAC25-130-761.12(d); a concise statement describing the public
				  road, the particular part to be relocated or closed, and the approximate timing
				  and duration of the relocation or closing.
(vi) If the application includes a request
				  for an experimental practice under 4VAC25-130-785.13, a statement indicating
				  that an experimental practice is requested and identifying the regulatory
				  provisions for which a variance is requested.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.15 - Review of permit applications

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General.
(1) The division shall review the application
				  for a permit, revision, or renewal; written comments and objections submitted;
				  information from the AVS; and records of any informal conference or hearing
				  held on the application and issue a written decision, within a reasonable time,
				  either granting, requiring modification of, or denying the application. If an
				  informal conference is held under 4VAC25-130-773.13(c), the decision shall be
				  made within 60 days of the close of the conference.
(2) The applicant for a permit or revision of
				  a permit shall have the burden of establishing that the application is in
				  compliance with all the requirements of the regulatory program.
(3) The division shall review the information
				  submitted under 4VAC25-130-778.13 and 4VAC25-130-778.14 regarding the
				  applicant's or operator's permit histories, business structure, and ownership
				  and control relationships.
(4) If
				  the applicant or operator does not have any previous mining experience, the
				  division may conduct additional reviews to determine if someone else with
				  surface coal mining experience controls or will control the mining
				  operation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.16 - Criteria for permit approval or denial; existing structures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) No application
				  for a permit or revision which proposes to use an existing structure in
				  connection with or to facilitate the proposed surface coal mining and
				  reclamation operation shall be approved, unless the applicant demonstrates and
				  the division finds, in writing, on the basis of information set forth in the
				  complete application that:
(1) If the
				  applicant proposes to use an existing structure in accordance with the
				  exemption provided in 4VAC25-130-701.11(d)(1)(i):
(i) The structure meets the performance
				  standards of the Act and Subchapter VK; and
(ii) No significant harm to the environment
				  or public health or safety will result from use of the structure.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.17 - Permit conditions

Current through Register Vol. 40, No. 24, July 15, 2024
Each permit issued by the division shall be subject to the
					 following conditions:
(a) The
				  permittee shall conduct surface coal mining and reclamation operations only on
				  those lands that are specifically designated as the permit area on the maps
				  submitted with the application and authorized for the term of the permit and
				  that are subject to the performance bond or other equivalent guarantee in
				  effect pursuant to Subchapter VJ.
(b) The permittee shall conduct all surface
				  coal mining and reclamation operations only as described in the approved
				  application, except to the extent that the division otherwise directs in the
				  permit.
(c) The permittee shall
				  comply with the terms and conditions of the permit, all applicable performance
				  standards of the Act, and the requirements of this chapter.
(d) Without advance notice, delay, or a
				  search warrant, upon presentation of appropriate credentials, the permittee
				  shall allow the authorized representatives of the Secretary and the Director
				  to--
(1) Have the right of entry provided for
				  in 4VAC25-130-840.12; and
(2) Be
				  accompanied by private persons for the purpose of conducting an inspection in
				  accordance with Parts 840 and 842, when the inspection is in response to an
				  alleged violation reported to the division by the private person.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.19 - Permit issuance and right of renewal

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Decision. If the application is approved,
				  the permit shall be issued upon submittal of a performance bond in accordance
				  with Subchapter VJ. If the application is disapproved, specific reasons
				  therefore shall be set forth in the notification required by Paragraph (b) of
				  this section.
(b) Notification. The
				  division shall issue written notification of the decision to the following
				  persons and entities:
(1) The applicant, each
				  person who files comments or objections to the permit application, and each
				  party to an informal conference.
(2) The local governmental officials in the
				  local political subdivision in which the land to be affected is located within
				  10 days after the issuance of a permit, including a description of the location
				  of the land.
(3) The local OSM
				  office.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.20 - Improvidently issued permits; general procedures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Permit review. If the division has reason
				  to believe that it improvidently issued a surface coal mining and reclamation
				  permit, it shall review the circumstances under which the permit was issued,
				  using the criteria in subdivision (b) of this section. Where the division finds
				  that the permit was improvidently issued, it shall comply with subdivision (c)
				  of this section.
(b) Review
				  criteria. The division shall find that a surface coal mining and reclamation
				  permit was improvidently issued if:
(1) Under
				  the violations review criteria of this chapter at the time the permit was
				  issued:
(i) The division should not have
				  issued the permit because of an unabated violation or a delinquent penalty or
				  fee; or
(ii) The permit was issued
				  on the presumption that a notice of violation was in the process of being
				  corrected to the satisfaction of the agency with jurisdiction over the
				  violation, but a cessation order subsequently was issued; and
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 773 - Requirements for Permits and Permit Processing › Section 4VAC25-130-773.21 - Improvidently issued permits; rescission procedures

Current through Register Vol. 40, No. 24, July 15, 2024
If the division, under 4VAC25-130-773.20 (c) (3), elects to
					 suspend or rescind an improvidently issued permit, it shall serve on the
					 permittee a notice of proposed suspension and rescission which includes the
					 reasons for the finding of the division under 4VAC25-130-773.20 (b) and states
					 that:
(a) Automatic suspension and
				  rescission. After a specified period of time not to exceed 90 days the permit
				  automatically will become suspended, and not to exceed 90 days thereafter
				  rescinded, unless within those periods the permittee submits proof, and the
				  division finds, that:
(1) The finding of the
				  division under 4VAC25-130-773.20 (b) was erroneous;
(2) The permittee or other person responsible
				  has abated the violation on which the finding was based, or paid the penalty or
				  fee, to the satisfaction of the responsible agency;
(3) The violation, penalty or fee is the
				  subject of a good faith appeal, or of an abatement plan or payment schedule
				  with which the permittee or other person responsible is complying to the
				  satisfaction of the responsible agency; or
(4) Since the finding was made, the permittee
				  has severed any ownership or control link with the person responsible for, and
				  does not continue to be responsible for, the violation, penalty or
				  fee:
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part provides requirements for review; revision;
					 renewal; and transfer, assignment, or sale of permit rights.
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 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.11 - Division review of permits

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  The division shall review each permit issued and outstanding during the term of
				  the permit. This review shall occur not later than the middle of each permit
				  term and as follows:
(1) Permits with a term
				  longer than 5 years shall be reviewed no less frequently than the permit
				  midterm or every 5 years, whichever is more frequent.
(2) Permits with variances granted in
				  accordance with 4VAC25-130-785.14 (mountaintop removal) and 4VAC25-130-785.18
				  (variance for delay in contemporaneous reclamation requirement in combined
				  surface and underground mining operations) shall be reviewed no later than 3
				  years from the date of issuance of the permit unless, for variances issued in
				  accordance with 4VAC25-130-785.14, the permittee affirmatively demonstrates
				  that the proposed development is proceeding in accordance with the terms of the
				  permit.
(3) Permits containing
				  experimental practices issued in accordance with 4VAC25-130-785.13 and permits
				  with a variance from approximate original contour requirements in accordance
				  with 4VAC25-130-785.16 shall be reviewed as set forth in the permit or at least
				  every 2 1/2 years from the date of issuance as required by the division, in
				  accordance with 4VAC25-130-785.13(g) and 4VAC25-130-785.16(c),
				  respectively.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.13 - Permit revisions

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. During the term of a permit, the permittee may submit an application
				  to the division for a revision of the permit.
(b) Application requirements and procedures.
(1) The Director shall establish a time
				  period within which the division will approve or disapprove an application for
				  a permit revision; and
(2) The
				  division shall establish guidelines establishing the scale or extent of
				  revisions for which all the permit application information requirements and
				  procedures of this Subchapter, including notice, public participation, and
				  notice of decision requirements of 4VAC25-130-773.13, 4VAC25-130-773.19(b) (1)
				  and (3), and 4VAC25-130-778.21 shall apply. Such requirements and procedures
				  shall apply at a minimum to all significant permit revisions.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.15 - Permit renewals

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. A valid permit shall carry with it the right of successive renewal,
				  within the approved boundaries of the existing permit, upon expiration of the
				  term of the permit.
(b) Application
				  requirements and procedures.
(1) An
				  application for renewal of a permit shall be filed with the division at least
				  120 days before expiration of the existing permit term.
(2) An application for renewal of a permit
				  shall be in the form required by the division and shall include at a minimum--
(i) The name and address of the permittee,
				  the term of the renewal requested, and the permit number or other
				  identifier;
(ii) Evidence that a
				  liability insurance policy or adequate self insurance under 4VAC25-130-800.60
				  will be provided by the applicant for the proposed period of renewal;
(iii) Evidence that the performance bond in
				  effect for the operation will continue in full force and effect for any renewal
				  requested, as well as any additional bond required by the division pursuant to
				  Subchapter VJ;
(iv) A copy of the
				  proposed newspaper notice and proof of publication of same, as required by
				  4VAC25-130-778.21; and
(v)
				  Additional revised or updated information required by the division.
(3) Applications for renewal shall
				  be subject to the requirements of public notification and public participation
				  contained in 4VAC25-130-773.13 and 4VAC25-130-773.19(b).
(4) If an application for renewal includes
				  any proposed revisions to the permit, such revisions shall be identified and
				  subject to the requirements of 4VAC25-130-774.13.
(5) If an applicant for renewal of a permit
				  includes a proposal to extend the mining and reclamation operation beyond the
				  boundaries authorized in the existing permit, the portion of the application
				  which addresses any new land areas shall be subject to the full standards
				  applicable to new permit applications under the Act, Parts 773, 774, 775, 777,
				  778, 779, 780, 783, 784, and applicable portions of 785, Subchapter VJ and this
				  chapter.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 774 - Review; Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights › Section 4VAC25-130-774.17 - Transfer, assignment, or sale of permit rights

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. No transfer, assignment, or sale
				  of rights granted by a permit shall be made without the prior written approval
				  of the division. At its discretion, the division may allow a prospective
				  successor in interest to engage in surface coal mining and reclamation
				  operations under the permit during the pendency of an application for approval
				  of a transfer, assignment, or sale of permit rights submitted under subdivision
				  (b) of this section, provided that the prospective successor in interest can
				  demonstrate to the satisfaction of the division that sufficient bond coverage
				  will remain in place.
(b)
				  Application requirements. An applicant for approval of the transfer,
				  assignment, or sale of permit rights shall--
(1) Provide the division with an application
				  for approval of the proposed transfer, assignment, or sale including--
(i) The name and address of the existing
				  permittee and permit number;
(ii) A
				  brief description of the proposed transaction requiring approval; and
(iii) The legal, financial, compliance, and
				  related information required by Part 778 for the applicant for approval of the
				  transfer, assignment, or sale of permit rights.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 775 - Administrative and Judicial Review of Decisions › Section 4VAC25-130-775.11 - Administrative review

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. Any
				  applicant, or any person with an interest which is or may be adversely affected
				  by the final administrative decision and who has participated in the
				  administrative hearings as an objector may appeal as provided in subsection (b)
				  of this section if-
(1) The applicant or
				  person is aggrieved by the director or his designee's final order under
				  4VAC25-130-775.11; or
(2) Either
				  the division or the director failed to act within time limits specified in
				  4VAC25-130-775.11.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 775 - Administrative and Judicial Review of Decisions › Section 4VAC25-130-775.13 - Judicial review

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. Any
				  applicant, or any person with an interest which is or may be adversely affected
				  by the final administrative decision and who has participated in the
				  administrative hearings as an objector may appeal as provided in subsection (b)
				  of this section if-
(1) The applicant or
				  person is aggrieved by the director or his designee's final order under
				  4VAC25-130-775.11; or
(2) Either
				  the division or the director failed to act within time limits specified in
				  4VAC25-130-775.11.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 777 - General Content Requirements for Permit Applications › Section 4VAC25-130-777.1 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This Part provides minimum requirements concerning the
					 general content for permit applications.
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 777 - General Content Requirements for Permit Applications › Section 4VAC25-130-777.11 - Format and contents

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  application shall--
(1) Contain current
				  information, as required by this Subchapter;
(2) Be clear and concise; and
(3) Be filed in the format required by the
				  division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 777 - General Content Requirements for Permit Applications › Section 4VAC25-130-777.12 - Preapplication conference

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to submitting an application for a coal surface
					 mining permit, all maps and plans shall be reviewed in the field at the
					 proposed mining site with the division inspector assigned to the area to be
					 mined. Two copies of a pre-inspection report shall be completed by the
					 inspector. One copy shall be transmitted to the applicant, and one copy kept in
					 the division office.
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 777 - General Content Requirements for Permit Applications › Section 4VAC25-130-777.13 - Reporting of technical data

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  All technical data submitted in the application shall be accompanied by the
				  names of persons or organizations that collected and analyzed the data, dates
				  of the collection and analysis of the data, and descriptions of the methodology
				  used to collect and analyze the data.
(b) Technical analyses shall be planned by or
				  under the direction of a professional qualified in the subject to be
				  analyzed.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.