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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.72 - Disposal of excess spoil; valley fills/head-of-hollow fills

Current through Register Vol. 40, No. 24, July 15, 2024
Valley fills and head-of-hollow fills shall meet the
					 requirements of 4VAC25-130-816.71 and the additional requirements of this
					 section.
(a) Drainage control.
(1) The top surface of the completed fill
				  shall be graded such that the final slope after settlement will be toward
				  properly designed drainage channels. Uncontrolled surface drainage may not be
				  directed over the outslope of the fill. The maximum slope of the top of the
				  fill shall be 20h:1v (5.0%).
(2)
				  Runoff from areas above the fill and runoff from the surface of the fill shall
				  be diverted into stabilized diversion channels designed to meet the
				  requirements of 4VAC25-130-816.43 and, in addition, to safely pass the runoff
				  from a 100-year, 6-hour precipitation event. The appropriate surface drainage
				  system shall be installed prior to placement of excess spoil in the fill area.
				  Temporary diversions may be approved by the division for use during fill
				  construction provided that erosion is minimized and no threat to the public or
				  the environment results.
(3)
(i) A subdrainage system, constructed in
				  accordance with 4VAC25-130-816.71(f)(3), shall be installed along the natural
				  drainage system, extending from the toe to the head of the fill. The division
				  may approve a lesser distance provided the standards of 4VAC25-130-816.71(f)(3)
				  are met. A system of lateral underdrains shall connect this core to each area
				  of potential drainage or seepage in the disposal area.
(ii) A filter system to ensure the proper
				  long-term functioning of the subdrainage system shall be designed and
				  constructed using current, prudent engineering practices.
(iii) The minimum size of the main underdrain
				  shall be:
Total Amount of Fill Material
Predominant Type of Fill
Minimum Size of Drain, in Feet
Width
Height
Less than 1,000,000 Cubic Yards
Sandstone
10
4
Do:
Shale
16
8
More than 1,000,000 Cubic Yards
Sandstone
16
8
Do:
Shale
16
16
(iv) No more than 10 percent of the rock used
				  in the underdrains may be less than 12 inches in size and no single rock may be
				  larger than 25 percent of the width of the drain.
(v) Alternatives to the minimum sizes may be
				  approved by the division provided the alternative is shown to convey, using
				  accepted engineering analyses, the maximum anticipated discharge, including an
				  appropriate factor of safety.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.73 - Disposal of excess spoil; durable rock fills

Current through Register Vol. 40, No. 24, July 15, 2024
The division may approve the alternative method of disposal
					 of excess durable rock spoil by gravity placement in single or multiple lifts,
					 provided the following conditions are met:
(a) Except as provided in this section, the
				  requirements of 4VAC25-130-816.71 are met.
(b) The excess spoil consists of at least 80
				  percent, by volume, durable nonacid-and nontoxic-forming rock (e.g., sandstone
				  or limestone) that does not slake in water and will not degrade to soil
				  material. Where used, noncemented clay shale, clay spoil, soil or other
				  nondurable excess spoil materials shall be mixed with excess durable rock spoil
				  in a controlled manner such that no more than 20 percent of the fill volume, as
				  determined by tests performed by a registered engineer and approved by the
				  division, is not durable rock.
(c)
				  A qualified registered professional engineer certifies that the design will
				  ensure the stability of the fill and meet all other applicable
				  requirements.
(d) The fill is
				  designed to attain a minimum long-term static safety factor of 1.5, and an
				  earthquake safety factor of 1.1.
(e) The underdrain system may be constructed
				  simultaneously with excess spoil placement by the natural segregation of dumped
				  materials, provided the resulting underdrain system is capable of carrying
				  anticipated seepage of water due to rainfall away from the excess spoil fill
				  and from seeps and springs in the foundation of the disposal area and the other
				  requirements for drainage control are met.
(f) Surface water runoff from areas adjacent
				  to and above the fill is not allowed to flow onto the fill and is diverted into
				  stabilized diversion channels designed to meet the requirements of
				  4VAC25-130-816.43 and to safely pass the runoff from a 100-year, 6-hour
				  precipitation event. The appropriate surface drainage system shall be installed
				  prior to placement of excess spoil in the fill area. Temporary diversions may
				  be approved by the division for use during fill construction, provided that
				  erosion is minimized and no threat to the public or the environment
				  results.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.74 - Disposal of excess spoil; preexisting benches

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division may approve the disposal of
				  excess spoil through placement on preexisting benches if the affected portion
				  of the preexisting bench is permitted and the standards set forth in
				  4VAC25-130-816.102(c), (e) through (h) and (j), and the requirements of this
				  section are met.
(b) All vegetation
				  and organic materials shall be removed from the affected portion of the
				  preexisting bench prior to placement of the excess spoil. Any available topsoil
				  on the bench shall be removed, stored, and distributed in accordance with
				  4VAC25-130-816.22. Substitute or supplemental materials may be used in
				  accordance with 4VAC25-130-816.22(b).
(c) The fill shall be designed and
				  constructed using current, prudent engineering practices. The design will be
				  certified by a registered professional engineer. The spoil shall be placed on
				  the solid portion of the bench in a controlled manner and concurrently
				  compacted as necessary to attain a long term static safety factor of 1.3 for
				  all portions of the fill. Any spoil deposited on any fill portion of the bench
				  will be treated as excess spoil fill under 4VAC25-130-816.71.
(d) The preexisting bench shall be backfilled
				  and graded to-
(1) Achieve the most moderate
				  slope possible which does not exceed the angle of repose;
(2) Eliminate the highwall to the maximum
				  extent technically practical;
(3)
				  Minimize erosion and water pollution both on and off the site; and
(4) If the disposal area contains springs,
				  natural, or manmade water courses, or wet weather seeps, the fill design shall
				  include diversions and underdrains as necessary to control erosion, prevent
				  water infiltration into the fill, and ensure stability.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.75 - Disposal of excess spoil; zoned concept

Current through Register Vol. 40, No. 24, July 15, 2024
The disposal of spoil under the zoned concept shall meet
					 the requirements of 4VAC25-130-816.71 and the additional requirements of this
					 section.
(a) The fill and appurtenant
				  structures shall be designed using current, prudent engineering practices, and
				  certified by a qualified registered professional engineer experienced in the
				  design of earth and rockfill embankments.
(b) The fill shall be designed to attain a
				  long-term minimum safety factor of 1.5 under static loading conditions and 1.1
				  under earthquake loading conditions.
(c) All vegetative and organic materials and
				  topsoil in the structural and nonstructural zones shall be removed from the
				  disposal area prior to placement of excess spoil. Topsoil shall be removed,
				  segregated and stored or redistributed in accordance with 4VAC25-130-816.22. If
				  approved by the division, organic material may be used as mulch or may be
				  included in the topsoil to control erosion, promote growth of vegetation, or
				  increase the moisture retention of the soil.
(d) Excess spoil shall be transported and
				  placed in a specified controlled manner as follows:
(1) Structural zone. In the structural zone,
				  spoil shall be placed in horizontal lifts and compacted to densities and
				  strengths required to ensure mass stability and prevent mass movement. The lift
				  thickness and gradational requirements of the spoil shall be consistent with
				  the design parameters. The extent of this zone shall be based on accepted
				  engineering analyses.
(2)
				  Nonstructural zone. In the nonstructural zone, the spoil shall be placed in a
				  controlled manner to avoid contamination of the internal drainage system and to
				  ensure mass stability and prevent mass movement, to provide for the safety of
				  persons on or near the fill, and to provide mass stability and prevent mass
				  movement during construction. The extent of this zone shall be determined by
				  accepted engineering analyses.
The temporary outside slope of the nonstructural zone shall
					 not exceed the angle of repose and the height of the nonstructural zone shall
					 be limited to a height determined not to pose an actual or probable hazard to
					 property, public health and safety, or the environment in the event of failure
					 during construction.
(3)
				  The structural zone and the nonstructural zone shall be constructed as
				  concurrently as practicable and the distance between the structural zone and
				  the nonstructural zone shall be minimized to assure proper stability and
				  control of the temporary fill slope.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.76 - Disposal of excess spoil; incidental reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The division, where environmental
				  benefits will occur, may approve placement of spoil not needed to restore the
				  approximate original contour of the land and reclaim land within the permit
				  area in a manner consistent with the Act and this chapter on:
(1) Another area under a permit issued
				  pursuant to the Act, or
(2) On
				  abandoned mine lands under a contract for reclamation according to the AML
				  Guidelines and approved by the Division of Mined Land Repurposing.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.79 - Protection of underground mining

Current through Register Vol. 40, No. 24, July 15, 2024
No surface mining activities shall be conducted closer than
					 500 feet to any point of either an active or abandoned underground mine, except
					 to the extent that-
(a) The activities
				  result in improved resource recovery, abatement of water pollution, or
				  elimination of hazards to the health and safety of the public; and
(b)
(1) The
				  nature, timing, and sequence of the activities proposed to be conducted closer
				  than 500 feet to an abandoned underground mine are approved by the division;
				  and
(2) The nature, timing, and
				  sequence of the activities proposed to be conducted closer than 500 feet to an
				  active underground mine are jointly approved by the division, the Mine Safety
				  and Health Administration, and the Virginia division of Mines.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.81 - Coal mine waste; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) General. All coal mine waste disposed of
				  in an area other than the mine workings or excavations shall be placed in new
				  or existing disposal areas within a permit area, which are approved by the
				  division for this purpose. Coal mine waste shall be hauled or conveyed and
				  placed for final placement in a controlled manner to-
(1) Minimize adverse effects of leachate and
				  surface-water runoff on surface and ground water quality and
				  quantity;
(2) Ensure mass stability
				  and prevent mass movement during and after construction;
(3) Ensure that the final disposal facility
				  is suitable for reclamation and revegetation compatible with the natural
				  surroundings and the approved postmining land use;
(4) Not create a public hazard; and
(5) Prevent combustion.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.83 - Coal mine waste; refuse piles

Current through Register Vol. 40, No. 24, July 15, 2024
Refuse piles shall meet the requirements of
					 4VAC25-130-816.81, the additional requirements of this section, and the
					 requirements of 30 CFR
					 77.214 and
					 77.215.
(a) Drainage control.
(1) If the disposal area contains springs,
				  natural or manmade water courses, or wet weather seeps, the design shall
				  include diversions and underdrains as necessary to control erosion, prevent
				  water infiltration into the disposal facility and ensure stability.
(2) Uncontrolled surface drainage may not be
				  diverted over the outslope of the refuse pile. Runoff from the areas above the
				  refuse pile and runoff from the surface of the refuse pile shall be diverted
				  into stabilized diversion channels designed to meet the requirements of
				  4VAC25-130-816.43 to safely pass the runoff from a 100-year, 6-hour
				  precipitation event. Runoff diverted from undisturbed areas need not be
				  commingled with runoff from the surface of the refuse pile. The appropriate
				  surface drainage system shall be installed prior to placement of coal mine
				  waste in the disposal area.
(3)
				  Underdrains shall comply with the requirements of
				  4VAC25-130-816.71(f)(3).
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.84 - Coal mine waste; impounding structures

Current through Register Vol. 40, No. 24, July 15, 2024
New and existing impounding structures constructed of coal
					 mine waste or intended to impound coal mine waste shall meet the requirements
					 of 4VAC25-130-816.81 and the additional requirements of this section.
(a) Coal mine waste shall not be used for
				  construction of impounding structures unless it has been demonstrated to the
				  division that the stability of such a structure conforms to the requirements of
				  this Part and the use of coal mine waste will not have a detrimental effect on
				  downstream water quality or the environment due to acid seepage through the
				  impounding structure. The stability of the structure and the potential impact
				  of acid mine seepage through the impounding structure shall be discussed in
				  detail in the design plan submitted to the division in accordance with
				  4VAC25-130-780.25.
(b)
(1) Each impounding structure constructed of
				  coal mine waste or intended to impound coal mine waste shall be designed,
				  constructed and maintained in accordance with 4VAC25-130-816.49(a) and (c).
				  Such structures may not be retained permanently as part of the approved
				  postmining land use.
(2) Each
				  impounding structure constructed of coal mine waste or intended to impound coal
				  mine waste that meets the criteria of
				  30 CFR
				  77.216(a) shall have
				  sufficient spillway capacity to safely pass, adequate storage capacity to
				  safely contain, or a combination of storage capacity and spillway capacity to
				  safely control, the probable maximum precipitation of a 6-hour precipitation
				  event, or greater event as specified by the division.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.87 - Coal mine waste; burning and burned waste utilization

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Coal mine waste
				  fires shall be extinguished by the person who conducts the surface mining
				  activities, in accordance with a plan approved by the division and the Mine
				  Safety and Health Administration. The plan shall contain, at a minimum,
				  provisions to ensure that only those persons authorized by the permittee, and
				  who have an understanding of the procedures to be used, shall be involved in
				  the extinguishing operations.
(b)
				  No burning or burned coal mine waste shall be removed from a permitted disposal
				  area without a removal plan approved by the division. Consideration shall be
				  given to potential hazards to persons working or living in the vicinity of the
				  structure.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.89 - Disposal of noncoal mine wastes

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Noncoal mine wastes including, but not
				  limited to grease, lubricants, paints, flammable liquids, garbage, abandoned
				  mining machinery, lumber and other combustible materials generated during
				  mining activities shall be placed and stored in a controlled manner in a
				  designated portion of the permit area. Placement and storage shall ensure that
				  leachate and surface runoff do not degrade surface or ground water, that fires
				  are prevented, and that the area remains stable and suitable for reclamation
				  and revegetation compatible with the natural surroundings.
(b) Final disposal of noncoal mine wastes
				  shall be in a designated disposal site in the permit area or a state-approved
				  solid waste disposal area. Disposal sites in the permit area shall be designed
				  and constructed to ensure that leachate and drainage from the noncoal mine
				  waste area does not degrade surface or underground water. Wastes shall be
				  routinely compacted and covered to prevent combustion and wind-borne waste.
				  When the disposal is completed, a minimum of two feet of soil cover shall be
				  placed over the site, slopes stabilized, and revegetation accomplished in
				  accordance with 4VAC25-130-816.111 through 4VAC25-130-816.116. Operation of the
				  disposal site shall be conducted in accordance with all local, state and
				  federal requirements.
(c) At no
				  time shall any noncoal mine waste be deposited in a refuse pile or impounding
				  structure, nor shall a noncoal mine waste disposal site be located within eight
				  feet of any coal outcrop or coal storage area.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.95 - Stabilization of surface areas

Current through Register Vol. 40, No. 24, July 15, 2024
(a) All
				  exposed surface areas shall be protected and stabilized to effectively control
				  erosion and air pollution attendant to erosion.
(b) Rills and gullies which form in areas
				  that have been regraded and topsoiled and which either (1) disrupt the approved
				  postmining land use or the reestablishment of the vegetative cover, or (2)
				  cause or contribute to a violation of water quality standards for receiving
				  streams shall be filled, regraded, or otherwise stabilized; topsoil shall be
				  replaced; and the areas shall be reseeded or replanted.
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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.99 - Slides and other damage

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  undisturbed natural barrier shall be provided beginning at the elevation of the
				  lowest coal seam to be mined and extended from the outslope for such distance
				  as may be determined by the division as is needed to assure stability. The
				  barrier shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have
				  a potential adverse affect on public property, health, safety, or the
				  environment, the person who conducts the surface mining activities shall notify
				  the division by the fastest available means and comply with any remedial
				  measures required by the division.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.100 - Contemporaneous reclamation

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Reclamation efforts, including but not limited to backfilling,
				  grading, topsoil replacement, and revegetation, on all land that is disturbed
				  by surface mining activities shall occur as contemporaneously as practicable
				  with mining operations, except when such mining operations are conducted in
				  accordance with a variance for concurrent surface and underground mining
				  activities issued under 4VAC25-130-785.18.
(b) Timing of backfilling and grading.
(1) Contour mining. Rough backfilling and
				  grading shall follow coal removal by not more than 60 days or 1,500 linear
				  feet. The division may grant additional time for rough backfilling and grading
				  if the permittee can demonstrate, through a detailed written analysis under
				  4VAC25-130-780.18(b)(3), that additional time is necessary.
(2) Open pit mining with thin overburden.
				  Rough backfilling and grading shall occur in accordance with the time schedule
				  approved by the division, on the basis of the materials submitted under
				  4VAC25-130-780.18(b)(3), which shall specifically establish in stated
				  increments the period between removal of coal and completion of backfilling and
				  grading.
(3) Area strip mining.
				  Rough backfilling and grading shall be completed within 180 days following coal
				  removal and shall not be more than four spoil ridges behind the pit being
				  worked, the spoil from the active pit being considered the first ridge. The
				  division may grant additional time for rough backfilling and grading if the
				  permittee can demonstrate, through a detailed written analysis under
				  4VAC25-130-780.18(b)(3), that additional time is necessary.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.102 - Backfilling and grading; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Disturbed areas shall be backfilled and
				  graded to:
(1) Achieve the approximate
				  original contour, except as provided in subsection (k) of this
				  section;
(2) Eliminate all
				  highwalls, spoil piles, and depressions, except as provided in subsection (h)
				  (small depressions) and in subsection (k)(3)(iii)(previously mined highwalls)
				  of this section;
(3) Achieve a
				  postmining slope that does not exceed either the angle of repose or such lesser
				  slope as is necessary to achieve a minimum long-term static safety factor of
				  1.3 and to prevent slides;
(4)
				  Minimize erosion and water pollution both on and off the site; and
(5) Support the approved postmining land
				  use.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.104 - Backfilling and grading; thin overburden

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Thin overburden exists when spoil and
				  other waste materials available from the entire permit area is insufficient to
				  restore the disturbed area to its approximate original contour. Insufficient
				  spoil and other waste materials occur where the overburden thickness times the
				  swell factor, plus the thickness of other available waste materials, is less
				  than the combined thickness of the overburden and coal bed prior to removing
				  the coal, so that after backfilling and grading the surface configuration of
				  the reclaimed area would not:
(1) Closely
				  resemble the surface configuration of the land prior to mining; or
(2) Blend into and complement the drainage
				  pattern of the surrounding terrain.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.105 - Backfilling and grading; thick overburden

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Thick overburden exists when spoil and
				  other waste materials available from the entire permit area is more than
				  sufficient to restore the disturbed area to its approximate original contour.
				  More than sufficient spoil and other waste materials occur where the overburden
				  thickness times the swell factor, plus the thickness of other available waste
				  materials, is more than the combined thickness of the overburden and coal bed
				  prior to removing the coal, so that after backfill and grading the surface
				  configuration of the reclaimed area would not:
(1) Closely resemble the surface
				  configuration of the land prior to mining; or
(2) Blend into and complement the drainage
				  pattern of the surrounding terrain.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.106 - 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 pre-existing highwall shall comply with the requirements
				  of 4VAC25-130-816.102 through 4VAC25-130-816.107, except as provided in this
				  section.
(b) The requirements of
				  4VAC25-130-816.102(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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.107 - Backfilling and grading; steep slopes

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Surface mining activities on steep slopes
				  shall be conducted so as to meet the requirements of 4VAC25-130-816.102 through
				  4VAC25-130-816.106, and the requirements of this section except where mining is
				  conducted on flatter gently rolling terrain with an occasional steep slope
				  through which the mining proceeds and leaves a plain or predominantly flat area
				  or where operations are conducted in accordance with Part 824.
(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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.111 - 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.113 - 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.114 - 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 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.116 - 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 4VAC25-130-816.111.
(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., 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.131 - Cessation of operations; temporary

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The permittee shall effectively 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 acres which will have been affected in the permit area, prior to such
				  temporary cessation, the extent and kind of reclamation of those areas which
				  will have been accomplished, identification of the backfilling, regrading,
				  revegetation, environmental monitoring, 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.132 - Cessation of operations; permanent

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Persons who cease surface 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 underground
				  openings, equipment, structures, or other facilities not required for
				  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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.133 - 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.150 - 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.151 - Primary roads

Current through Register Vol. 40, No. 24, July 15, 2024
Primary roads shall meet the requirements of
					 4VAC25-130-816.150 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 road grades
				  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 through 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 4VAC25-130-816.71. Acid-
				  and toxic-forming material shall be disposed of in accordance with
				  4VAC25-130-816.41, 4VAC25-130-816.81, and 4VAC25-130-816.102.
(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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.152 - 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 4VAC25-130-816.150 and 4VAC25-130-816.151 or it can be
					 demonstrated that reconstruction to meet the design standards of
					 4VAC25-130-816.150 and 4VAC25-130-816.151 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.180 - Utility installations

Current through Register Vol. 40, No. 24, July 15, 2024
All surface coal mining operations 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 816 - Permanent Program Performance Standards-Surface Mining Activities › Section 4VAC25-130-816.181 - 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 operation 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 streamflow 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 817 - Permanent Program Performance Standards-Underground Mining Activities › Section 4VAC25-130-817.11 - Signs and markers

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Specifications. Signs and markers required under this part shall-
(1) Be posted, maintained, and removed by the
				  person who conducts the underground mining activities;
(2) Be of a uniform design throughout the
				  operation that can be easily seen and read;
(3) Be made of durable material;
(4) Be made of or marked with fluorescent or
				  reflective paint or material if the signs are permit boundary markers on areas
				  that are located on steep slopes above private dwellings or other occupied
				  buildings; and
(5) Conform to local
				  ordinances and codes.
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 4VAC25-130-817.13 - Casing and sealing of exposed underground openings; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each exploration hole, other drill or borehole, shaft,
					 well, or other exposed underground opening shall be cased, sealed, or otherwise
					 managed, as approved by the division, to prevent acid or other toxic drainage
					 from entering ground and surface waters, to minimize disturbance to the
					 prevailing hydrologic balance, and to ensure the safety of people, livestock,
					 fish, and wildlife, and machinery in the permit and adjacent areas. If these
					 openings are uncovered or exposed by mining activities within the permit area,
					 they shall be permanently closed, unless approved for water monitoring, or
					 otherwise managed in a manner approved by the division. Use of a drilled hole
					 or borehole or monitoring well as a water well must meet the provisions of
					 4VAC25-130-817.41. This section does not apply to holes solely drilled and used
					 for blasting, in the area affected by surface operations.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.