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 777 - General Content Requirements for Permit Applications › Section 4VAC25-130-777.14 - Maps and plans; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Maps submitted with applications shall be
				  presented in a consolidated format, to the extent possible, and shall include
				  all the types of information that are set forth on topographic maps of the U.S.
				  Geological Survey of the 1:24,000 scale series. Application maps of the permit
				  area and adjacent area shall be at a scale of 1:4,800 (1"=400'). Maps shall
				  clearly show the lands and waters within those areas.
(b) All maps and plans submitted with the
				  application shall distinguish among each of the phases during which surface
				  coal mining operations were or will be conducted at any place within the life
				  of operations.
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 4VAC25-130-777.15 - Completeness

Current through Register Vol. 40, No. 24, July 15, 2024
An application for a permit to conduct surface coal mining
					 and reclamation operations shall be complete and shall include at a
					 minimum--
(a) For surface mining
				  activities, the information required under Parts 778, 779, and 780, and, as
				  applicable to the operation, Part 785; and
(b) For underground mining activities, the
				  information required under Parts 778, 783, and 784, and, as applicable to the
				  operation, Part 785.
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 4VAC25-130-777.17 - Permit fees

Current through Register Vol. 40, No. 24, July 15, 2024
An application for a surface coal mining and reclamation
					 permit issued under this chapter shall be accompanied by a permit fee of $26.00
					 per acre or any fraction thereof for the total acreage permitted. An
					 anniversary fee of $13.00 per acre or any fraction thereof for areas disturbed
					 under the permit shall be payable annually on each anniversary date of the
					 permit. The fees shall be in the form of cash, cashier's check, certified check
					 or personal check.
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 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.1 - Scope and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This Part establishes the minimum legal, financial,
					 compliance, and informational requirements for permit applications for surface
					 coal mining and reclamation operations.
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 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.13 - Identification of interests

Current through Register Vol. 40, No. 24, July 15, 2024
An application shall contain the following
					 information:
(a) A statement as to
				  whether the applicant or the operator, if different from the applicant, is a
				  corporation, partnership, single proprietorship, association, or other business
				  entity.
(b) The name, address,
				  telephone number and, as applicable, employer identification number of the:
(1) Applicant;
(2) Applicant's resident agent; and
(3) Operator, if different from the
				  applicant; and
(4) Each business
				  entity in the applicant's and operator's organizational structure, up to and
				  including the ultimate parent entity of the applicant and operator. For every
				  such business entity, provide the required information for every president,
				  chief executive officer, partner, member, and/or director or persons in similar
				  positions, and every person who owns of record 10% or more of the
				  entity.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.14 - Violation information

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain the following
					 information:
(a) A statement of
				  whether the applicant or any subsidiary, affiliate, or persons controlled by or
				  under common control with the applicant has:
(1) Had a federal or state coal mining permit
				  suspended or revoked in the five years preceding the date of submission of the
				  application; or
(2) Forfeited a
				  performance bond or similar security deposited in lieu of bond at any
				  time.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.15 - Right-of-entry information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An
				  application shall contain a description of the documents upon which the
				  applicant bases his legal right to enter and begin surface coal mining and
				  reclamation operations in the permit area and shall state whether that right is
				  the subject of pending litigation. The description shall identify the documents
				  by type and date of execution, identify the specific lands to which the
				  document pertains, and explain the legal rights claimed by the
				  applicant.
(b) Where the private
				  mineral estate to be mined has been severed from the private surface estate, an
				  applicant shall also submit--
(1) A copy of
				  the written consent of the surface owner for the extraction of coal by surface
				  mining methods; or
(2) A copy of
				  the conveyance that expressly grants or reserves the right to extract coal by
				  surface mining methods; or
(3) If
				  the conveyance does not expressly grant the right to extract the coal by
				  surface mining methods, documentation that under applicable State law, the
				  applicant has the legal authority to extract the coal by those
				  methods.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.16 - Status of unsuitability claims

Current through Register Vol. 40, No. 24, July 15, 2024
(a) An application shall contain available
				  information as to whether the proposed permit area is within an area designated
				  as unsuitable for surface coal mining and reclamation operations or is within
				  an area under study for designation in an administrative proceeding under Parts
				  762 and 764.
(b) An application in
				  which the applicant claims the exemption described in 4VAC25-130-762.13(c)
				  shall contain information supporting the assertion that the applicant made
				  substantial legal and financial commitments before January 4, 1977, concerning
				  the proposed surface coal mining and reclamation operations.
(c) An application in which the applicant
				  proposes to conduct surface coal mining activities within 300 feet of an
				  occupied dwelling or within 100 feet of a public road shall contain the
				  necessary information and meet the requirements of 4VAC25-130-761.12.
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 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.17 - Permit term

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each
				  application shall state the anticipated or actual starting and termination date
				  of each phase of the surface coal mining and reclamation operation and the
				  anticipated number of acres of land to be affected during each phase of mining
				  over the life of the mine.
(b) If
				  the applicant requires an initial permit term in excess of 5 years in order to
				  obtain necessary financing for equipment and the opening of the operation, the
				  application shall--
(1) Be complete and
				  accurate covering the specified longer term; and
(2) Show that the proposed longer term is
				  reasonably needed to allow the applicant to obtain financing for equipment and
				  for the opening of the operation with the need confirmed, in writing, by the
				  applicant's proposed source of financing.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.18 - Insurance

Current through Register Vol. 40, No. 24, July 15, 2024
Either a certificate of liability insurance or evidence of
					 self-insurance in compliance with 4VAC25-130-800.60 shall be provided prior to
					 application approval and before the permit is issued.
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 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.21 - Proof of publication

Current through Register Vol. 40, No. 24, July 15, 2024
A copy of the newspaper advertisement of the application
					 for a permit, significant revision of a permit, or renewal of a permit, and
					 proof of publication of the advertisements which is acceptable to the division
					 shall be filed with the division and made a part of the application no later
					 than 4 weeks after the last date of publication as required by
					 4VAC25-130-773.13(a)(1).
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 778 - Permit Applications-Minimum Requirements for Legal, Financial, Compliance, and Related Information › Section 4VAC25-130-778.22 - Facilities or structures used in common

Current through Register Vol. 40, No. 24, July 15, 2024
The plans of a facility or structure that is to be shared
					 by two or more separately permitted mining operations shall be included in one
					 permit application and referenced in the other applications. In accordance with
					 Part 800, the applicant applying for the permit shall bond the facility or
					 structure. The permittees sharing it may agree to an agreement for assuming
					 their respective responsibilities. The application may include a copy of any
					 such agreement between or among the parties setting forth the respective
					 responsibilities of each party for the facility or structure. The agreement
					 shall demonstrate to the satisfaction of the division that all responsibilities
					 under this chapter for the facility or structure will be met.
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 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) It is the
				  responsibility of the applicant to provide, except where specifically exempted
				  in this Part, all information required by this Part in the
				  application.
(b) It is the
				  responsibility of State and Federal government agencies to provide information
				  for applications as specifically required by this Part.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.11 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each permit application shall include a description of the
					 existing, premining environmental resources within the proposed permit area and
					 adjacent areas that may be affected or impacted by the proposed surface mining
					 activities.
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 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.12 - General environmental resources information

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall describe and identify--
(a) The lands subject to surface coal mining
				  operations over the estimated life of those operations and the size, sequence,
				  and timing of the subareas for which it is anticipated that individual permits
				  for mining will be sought; and
(b)
				  The nature of cultural, historic and archaeological resources listed or
				  eligible for listing on the National Register of Historic Places and known
				  archaeological sites within the proposed permit and adjacent areas.
(1) The description shall be based on all
				  available information, including, but not limited to, information from the
				  State Historic Preservation Officer and from local archaeological, historical,
				  and cultural preservation agencies.
(2) The division may require the applicant to
				  identify and evaluate important historic and archaeological resources that may
				  be eligible for listing on the National Register of Historic Places, through --
(i) Collection of additional
				  information,
(ii) Conduct of field
				  investigations, or
(iii) Other
				  appropriate analyses.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.18 - Climatological information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) When
				  requested by the division, the application shall contain a statement of the
				  climatological factors that are representative of the proposed locality of the
				  permit area, including:
(1) The average
				  seasonal precipitation;
(2) The
				  average direction and velocity of prevailing winds; and
(3) Seasonal temperature ranges.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.19 - Vegetation information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The
				  permit application shall contain a map or narrative describing the vegetation
				  within the proposed permit area and within any proposed reference
				  area.
(b) Where a vegetation map is
				  utilized, show the outline of the proposed permit area, and show north point
				  indicator. Sufficient adjacent areas shall be included to allow evaluation of
				  vegetation as important habitat for fish and wildlife for those species of fish
				  and wildlife identified under 4VAC25-130-780.16.
(c) Explain the results of the vegetative
				  survey conducted on the area to be affected by the proposed mining operation.
				  This survey must include as a minimum:
(1)
				  Names, addresses, and qualifications of persons or organizations which
				  collected and analyzed the data.
(2) Dates of the collection and
				  analyses.
(3) Names, addresses, and
				  positions of people in private, academic publications, or governmental agencies
				  who contributed to the preparation of the vegetative survey.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.21 - Soil resources information

Current through Register Vol. 40, No. 24, July 15, 2024
Where the applicant proposes to use selected overburden
					 materials as a supplement or substitute for topsoil, the application shall
					 provide results of the analyses, trials, and tests required under
					 4VAC25-130-780.18.
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 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.22 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.24 - Maps; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
The permit application shall include maps showing-
(a) All boundaries of lands and names of
				  present owners of record of those lands, both surface and subsurface, included
				  in or contiguous to the permit area;
(b) The boundaries of land within the
				  proposed permit area upon which the applicant has the legal right to enter and
				  begin surface mining activities;
(c) The boundaries of all areas proposed to
				  be affected over the estimated total life of the proposed surface mining
				  activities, with a description of size, sequence, and timing of the mining of
				  subareas for which it is anticipated that additional permits will be
				  sought;
(d) The location of all
				  buildings in and within 1,000 feet of the proposed permit area with
				  identification of the current use of the buildings;
(e) The location of surface and subsurface
				  man-made features within, passing through, or passing over the proposed permit
				  area, including, but not limited to, major electric transmission lines,
				  pipelines, and agricultural drainage tile fields;
(f) The location and boundaries of any
				  proposed reference areas for determining the success of revegetation;
(g) The locations of water supply intakes for
				  current users of surface water flowing into, out of, and within a hydrologic
				  area defined by the division and those surface waters which will receive
				  discharges from affected areas in the proposed permit area;
(h) Each public road located in or within 100
				  feet of the proposed permit area;
(i) The boundaries of any public park and
				  locations of any cultural or historical resources listed or eligible for
				  listing in the National Register of Historic Places and known archaeological
				  sites within the permit and adjacent area;
(j) Each cemetery that is located in or
				  within 100 feet of the proposed permit area;
(k) Any land within the proposed permit area
				  which is within the boundaries of any units of the National System of Trails or
				  the Wild and Scenic Rivers System, including study rivers designated under
				  section 5(a) of the Wild and Scenic Rivers Act; and
(l) Other relevant information 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 779 - Surface Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-779.25 - Cross sections, maps and plans

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The application shall include cross
				  sections, maps, and plans showing-
(1)
				  Elevations and locations of test borings and core samplings;
(2) Elevations and locations of monitoring
				  stations used to gather data for water quality and quantity and fish and
				  wildlife in preparation of the application;
(3) Nature, depth, and thickness of the coal
				  seam to be mined, any coal or rider seams above the seam to be mined, each
				  stratum of the overburden, and the stratum immediately below the lowest coal
				  seam to be mined;
(4) All coal crop
				  lines and the strike and dip of the coal to be mined within the proposed permit
				  area;
(5) Location and extent of
				  known workings of active, inactive, or abandoned underground mines, including
				  mine openings to the surface within the proposed permit and adjacent
				  area;
(6) Location and extent of
				  subsurface water, if encountered, within the proposed permit and adjacent
				  area;
(7) Location of surface water
				  bodies, such as streams, lakes, ponds, springs, constructed or natural drains,
				  and irrigation ditches within the proposed permit and adjacent areas;
(8) Location and extent of existing or
				  previously surface-mined areas within the proposed permit area;
(9) Location and dimensions of existing areas
				  of spoil, waste, and noncoal waste disposal, dams, embankments, other
				  impoundments, and water treatment facilities within the proposed permit area;
				  and
(10) Location and depth, if
				  available, of gas and oil wells within the proposed permit area and water wells
				  in the permit area and adjacent area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) It is the
				  responsibility of the applicant to provide to the division all of the
				  information required by this Part, except where specifically exempted in this
				  Part.
(b) It is the responsibility
				  of the State and Federal governmental agencies to provide information to the
				  division where specifically required in this Part.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.11 - Operation plan; general requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain a description of the mining
					 operations proposed to be conducted during the life of the mine within the
					 proposed permit area, including, at a minimum, the following:
(a) A narrative description of the type and
				  method of coal mining procedures and proposed engineering techniques,
				  anticipated annual and total production of coal, by tonnage, and the major
				  equipment to be used for all aspects of those operations; and
(b) A narrative explaining the construction,
				  modification, use, maintenance, and removal of the following facilities (unless
				  retention of such facilities is necessary for postmining land use as specified
				  in 4VAC25-130-816.133):
(1) Dams, embankments,
				  and other impoundments;
(2)
				  Overburden and topsoil handling and storage areas and structures;
(3) Coal removal, handling, storage,
				  cleaning, and transportation areas and structures;
(4) Spoil, coal processing waste, and
				  non-coal waste removal, handling, storage, transportation, and disposal areas
				  and structures;
(5) Mine
				  facilities; and
(6) Water pollution
				  control facilities.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.12 - Operation plan; existing structures

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Each application shall contain a
				  description of each existing structure proposed to be used in connection with
				  or to facilitate the surface coal mining and reclamation operation. The
				  description shall include:
(1)
				  Location;
(2) Plans of the
				  structure which describe its current condition;
(3) Approximate dates on which construction
				  of the existing structure was begun and completed; and
(4) A showing, including relevant monitoring
				  data or other evidence, whether the structure meets the performance standards
				  of Subchapter VK or, if the structure does not meet the performance standards
				  of Subchapter VK, a showing whether the structure meets the performance
				  standards of the initial regulatory program.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.13 - Operation plan; blasting

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Blasting plan. Each application shall contain a blasting plan for the proposed
				  permit area, explaining how the applicant will comply with the requirements of
				  4VAC25-130-816.61 through 4VAC25-130-816.68. This plan shall include, at a
				  minimum, information setting forth the limitations the permittee will meet with
				  regard to ground vibration and airblast, the bases for those limitations, and
				  the methods to be applied in controlling the adverse effects of blasting
				  operations.
(b) Monitoring system.
				  Each application shall contain a description of any system to be used to
				  monitor compliance with the standards of 4VAC25-130-816.67 including the type,
				  capability, and sensitivity of any blast-monitoring equipment and proposed
				  procedures and locations of monitoring.
(c) Blasting near underground mines. Blasting
				  operations within 500 feet of active underground mines require approval of the
				  State and Federal regulatory authorities concerned with the health and safety
				  of underground miners.
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 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.14 - Operation plan; maps and plans

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain maps and plans as
					 follows:
(a) The maps and plans shall
				  show the land proposed to be affected throughout the operation and any change
				  in a facility or feature to be caused by the proposed operations, if the
				  facility or feature was shown under 4VAC25-130-779.24 through
				  4VAC25-130-779.25.
(b) The
				  following shall be shown for the proposed permit area:
(1) Buildings, utility corridors and
				  facilities to be used;
(2) The area
				  of land to be affected within the proposed permit area, according to the
				  sequence of mining and reclamation;
(3) Each area of land for which a performance
				  bond or other equivalent guarantee will be posted under Subchapter
				  VJ;
(4) Each coal storage, cleaning
				  and loading area;
(5) Each topsoil,
				  spoil, coal waste, and non-coal waste storage area;
(6) Each water diversion, collection,
				  conveyance, treatment, storage, and discharge facility to be used;
(7) Each source of waste and each waste
				  disposal facility relating to coal processing or pollution control;
(8) Each facility to be used to protect and
				  enhance fish and wildlife and related environmental values;
(9) Each explosive storage and handling
				  facility; and
(10) Location of each
				  sedimentation pond, permanent water impoundment, coal processing waste bank,
				  and coal processing waste dam and embankment, in accordance with
				  4VAC25-130-780.25 and fill area for the disposal of excess spoil in accordance
				  with 4VAC25-130-780.35.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.16 - Fish and wildlife information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Resource information. Each application
				  shall include fish and wildlife resource information for the permit area and
				  adjacent area.
(1) The scope and level of
				  detail for such information shall be determined by the division in consultation
				  with State and Federal agencies with responsibilities for fish and wildlife and
				  shall be sufficient to design the protection and enhancement plan required
				  under Paragraph (b) of this section.
(2) Site-specific resource information
				  necessary to address the respective species or habitats shall be required when
				  the permit area or adjacent area is likely to include:
(i) Listed or proposed endangered or
				  threatened species of plants or animals or their critical habitats listed by
				  the Secretary under the Endangered Species Act of 1973, as amended ( 16 USC
				  § 1531 et seq.), or those species or habitats protected by similar State
				  statutes;
(ii) Habitats of
				  unusually high value for fish and wildlife such as important streams, wetlands,
				  riparian areas, cliffs supporting raptors, areas offering special shelter or
				  protection, migration routes, or reproduction and wintering areas; or
(iii) Other species or habitats identified
				  through agency consultation as requiring special protection under 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 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.22 - Geologic information

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Each application shall include geologic information in sufficient
				  detail to assist in determining--
(1) The
				  probable hydrologic consequences of the operation upon the quality and quantity
				  of surface and ground-water in the permit and adjacent areas, including the
				  extent to which surface-and ground-water monitoring is necessary;
(2) All potentially acid- or toxic-forming
				  strata down to and including the stratum immediately below the lowest coal seam
				  to be mined; and
(3) Whether
				  reclamation as required by this chapter can be accomplished and whether the
				  proposed operation has been designed to prevent material damage to the
				  hydrologic balance outside the permit area.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.23 - Reclamation plan; land use information

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The plan shall contain a statement of the
				  condition, capability, and productivity of the land within the proposed permit
				  area; including:
(1) A map and supporting
				  narrative of the uses of the land existing at the time of the filing of the
				  application. If the premining use of the land was changed within five years
				  before the anticipated data of beginning the proposed operations, the historic
				  use of the land shall also be described to the extent such information is
				  available. In the case of previously mined land, the use of the land prior to
				  any mining shall also be described to the extent such information is
				  available.
(2) A narrative of land
				  capability and productivity which analyzes the land use description under
				  paragraph (a) of this section in conjunction with other environmental resources
				  information. The narrative shall provide analyses of:
(i) The capability of the land before any
				  mining to support a variety of uses, giving consideration to soil and
				  foundation characteristics, topography, vegetative cover, and the hydrology of
				  the proposed permit area; and
(ii)
				  The productivity of the proposed permit area before mining, expressed as
				  average yield of food, fiber, forage, or wood products from such lands obtained
				  under high levels of management. The productivity shall be determined by yield
				  data or estimates for similar sites based on current data from the U.S.
				  Department of Agriculture, state agricultural universities, or appropriate
				  state natural resource or agricultural agencies.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.25 - Reclamation plan; siltation structures, impoundments, banks, dams, and embankments

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  General. Each application shall include a general plan and a detailed design
				  plan for each proposed siltation structure, water impoundment, and coal
				  processing waste bank, dam, or embankment within the proposed permit area.
(1) Each general plan shall-
(i) Be prepared by, or under the direction
				  of, and certified by a qualified registered professional engineer, or by a
				  certified professional geologist with assistance from experts in related
				  fields, such as land surveying and landscape architecture;
(ii) Contain a description, map, and cross
				  section of the structure and its location;
(iii) Contain preliminary hydrologic and
				  geologic information required to assess the hydrologic impact of the
				  structure;
(iv) Contain a survey
				  describing the potential effect on the structure from subsidence of the
				  subsurface strata resulting from past underground mining operations if
				  underground mining has occurred; and
(v) Contain a certification statement which
				  includes a schedule setting forth the dates that any detailed design plans for
				  structures that are not submitted with the general plan will be submitted to
				  the division. The division shall have approved, in writing, the detailed design
				  plan for the structure before construction of the structure begins.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.27 - Reclamation plan; surface mining near underground mining

Current through Register Vol. 40, No. 24, July 15, 2024
For surface mining activities within the proposed permit
					 area to be conducted within 500 feet of an underground mine, the application
					 shall describe the measures to be used to comply with
					 4VAC25-130-816.79.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.29 - Diversions

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall contain descriptions, including
					 maps and cross sections, of stream channel diversions and other diversions to
					 be constructed within the proposed permit area to achieve compliance with
					 4VAC25-130-816.43.
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 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.31 - Protection of public parks and historic places

Current through Register Vol. 40, No. 24, July 15, 2024
(a) For any publicly owned parks or any
				  places listed on the National Register of Historic Places that may be adversely
				  affected by the proposed operation, each plan shall describe the measures to be
				  used --
(1) To prevent adverse impacts,
				  or
(2) If valid existing rights
				  exist or joint agency approval is to be obtained under 4VAC25-130-761.12(f), to
				  minimize adverse impacts.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.33 - Relocation or use of public roads

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall describe, with appropriate maps and
					 cross sections, the measures to be used to ensure that the interests of the
					 public and land owners affected are protected, if, under 4VAC25-130-761.12(d),
					 the applicant seeks to have the division approve--
(a) Conducting the proposed surface mining
				  activities within 100 feet of the right-of-way line of any public road, except
				  where the mine access or haul roads join that right-of-way; or
(b) Relocating a public road.
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 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.35 - Disposal of excess spoil

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  Each application shall contain descriptions, including appropriate maps and
				  cross section drawings of the proposed disposal site and design of the spoil
				  disposal structures according to 4VAC25-130-816.71 through 4VAC25-130-816.75.
				  These plans shall describe the geotechnical investigation, design,
				  construction, operation, maintenance and removal, if appropriate, of the site
				  and structures.
(b) Except for the
				  disposal of excess spoil on preexisting benches, each application shall contain
				  the results of a geotechnical investigation of the proposed disposal site,
				  including the following:
(1) The character of
				  bedrock and any adverse geologic conditions in the disposal area;
(2) A survey identifying all springs,
				  seepage, and ground water flow observed or anticipated during wet periods in
				  the area of the disposal site;
(3)
				  A survey of the potential effects of subsidence of the subsurface strata due to
				  past and future mining operations;
(4) A technical description of the rock
				  materials to be utilized in the construction of those disposal structures
				  containing rock chimney cores or underlain by a rock drainage blanket;
				  and
(5) A stability analysis
				  including, but not limited to, strength parameters, pore pressures and
				  long-term seepage conditions. These data shall be accompanied by a description
				  of all engineering design assumptions and calculations and the alternatives
				  considered in selecting the specific design specifications and
				  methods.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.37 - Road systems

Current through Register Vol. 40, No. 24, July 15, 2024
(a) Plans and
				  drawings. Each applicant for a surface coal mining and reclamation permit shall
				  submit plans and drawings for each road, as defined in 4VAC25-130-700.5, to be
				  constructed, used, or maintained within the proposed permit area. The plans and
				  drawings shall-
(1) Include a map,
				  appropriate cross sections, design drawings and specifications for road widths,
				  gradients, surfacing materials, cuts, fill embankments, culverts, bridges,
				  drainage ditches, low-water crossings, and drainage structures;
(2) Contain the drawings and specifications
				  of each proposed road that is located in the channel of an intermittent or
				  perennial stream, as necessary for approval of the road by the division in
				  accordance with 4VAC25-130-816.150(d)(1);
(3) Contain the drawings and specifications
				  for each proposed ford of perennial or intermittent streams that is used as a
				  temporary route, as necessary for approval of the ford by the division in
				  accordance with 4VAC25-130-816.151(c)(2);
(4) Contain a description of measures to be
				  taken to obtain approval of the division for alteration or relocation of a
				  natural stream channel under 4VAC25-130-816.151(d)(5);
(5) Contain the drawings and specifications
				  for each low-water crossing of perennial or intermittent stream channels so
				  that the division can maximize the protection of the stream in accordance with
				  4VAC25-130-816.151(d)(6); and
(6)
				  Describe the plans to remove and reclaim each road that would not be retained
				  under an approved postmining land use, and the schedule for this removal and
				  reclamation.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 780 - Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation Plan › Section 4VAC25-130-780.38 - Support facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Each applicant for a surface coal mining and reclamation
					 permit shall submit a description, plans, and drawings for each support
					 facility to be constructed, used, or maintained within the proposed permit
					 area. The plans and drawings shall include a map, appropriate cross sections,
					 design drawings, and specifications sufficient to demonstrate compliance with
					 4VAC25-130-816.181 for each facility.
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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.4 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
(a) It is the
				  responsibility of the applicant to provide, except where specifically exempted
				  in this Part, all information required by this Part in the
				  application.
(b) It is the
				  responsibility of State and Federal governmental agencies to provide
				  information for applications as specifically required by this Part.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.
Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.11 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Each permit application shall include a description of the
					 existing, premining environmental resources within the proposed permit area and
					 adjacent areas that may be affected or impacted by the proposed underground
					 mining activities.
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 783 - Underground Mining Permit Applications-Minimum Requirements for Information on Environmental Resources › Section 4VAC25-130-783.12 - General environmental resources information

Current through Register Vol. 40, No. 24, July 15, 2024
Each application shall describe and identify--
(a) The lands subject to surface coal mining
				  operations over the estimated life of those operations and the size, sequence,
				  and timing of the subareas for which it is anticipated that individual permits
				  for mining will be sought; and
(b)
				  The nature of cultural and historic resources listed or eligible for listing on
				  the National Register of Historic Places and known archaeological features
				  within the proposed permit and adjacent areas. The description shall be based
				  on all available information, including, but not limited to, data of State and
				  local archaeological, historical, and cultural preservation agencies.
(1) The description shall be based on all
				  available information, including, but not limited to, information from the
				  State Historic Preservation Officer and from local archaeological, historical,
				  and cultural preservation agencies.
(2) The division may require the applicant to
				  identify and evaluate important historic and archaeological resources that may
				  be eligible for listing on the National Register of Historic Places, through --
(i) Collection of additional
				  information;
(ii) Conduct of field
				  investigations; or
(iii) Other
				  appropriate analyses.