Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 785 - Requirements for Permits for Special Categories of Mining › Section 4VAC25-130-785.14 - Mountaintop removal mining

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  This section applies to any person who conducts or intends to conduct surface
				  mining activities by mountaintop removal mining.
(b) Mountaintop removal mining means surface
				  mining activities, where the mining operation removes an entire coal seam or
				  seams running throughout the upper fraction of a mountain, ridge, or hill,
				  except as provided for in 4VAC25-130-824.11(a)(6), by removing substantially
				  all of the overburden off the bench and creating a level plateau or a gently
				  rolling contour, with no highwalls remaining, and capable of supporting
				  postmining land use in accordance with the requirements of this
				  section.
(c) The division may issue
				  a permit for mountaintop removal mining, without regard to the requirements of
				  4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and
				  4VAC25-130-816.107 to restore the lands disturbed by such mining to their
				  approximate original contour, if it first finds, in writing, on the basis of a
				  complete application, that the following requirements are met:
(1) The proposed postmining land use of the
				  lands to be affected will be an industrial, commercial, agricultural,
				  residential, or public facility (including recreational facilities) use and,
				  if:
(i) After consultation with the
				  appropriate land-use planning agencies, if any, the proposed land use is deemed
				  by the division to constitute an equal or better economic or public use of the
				  affected land compared with the premining use;
(ii) The applicant demonstrates compliance
				  with the requirements for acceptable alternative postmining land uses of
				  Paragraphs (a) through (c) of 4VAC25-130-816.133;
(iii) The applicant has presented specific
				  plans for the proposed postmining land use and appropriate assurances that such
				  use will be:
(A) Compatible with adjacent
				  land uses;
(B) Obtainable according
				  to data regarding expected need and market;
(C) Assured of investment in necessary public
				  facilities;
(D) Supported by
				  commitments from public agencies where appropriate;
(E) Practicable with respect to private
				  financial capability for completion of the proposed use;
(F) Planned pursuant to a schedule attached
				  to the reclamation plan so as to integrate the mining operation and reclamation
				  with the postmining land use; and
(G) Designed by a registered engineer in
				  conformance with professional standards established to assure the stability,
				  drainage, and configuration necessary for the intended use of the
				  site;
(iv) The proposed
				  use would be compatible with adjacent land uses and existing State and local
				  land use plans and programs; and
(v) The division has provided, in writing, an
				  opportunity of not more than 60 days to review and comment on such proposed use
				  to the governing body of general purpose government in whose jurisdiction the
				  land is located and any State or Federal agency which the division in its
				  discretion, determines to have an interest in the proposed use.