Current through Register Vol. 41, No. 3, September 23, 2024
(a) Except as
provided in Paragraph (b) of this section, this chapter applies to all coal
exploration and surface coal mining and reclamation operations, except--
(1) The extraction of coal by a landowner for
his own non-commercial use from land owned or leased by him. Non-commercial use
does not include the extraction of coal by one unit of an integrated company or
other business or non-profit entity which uses the coal in its own
manufacturing or power plants;
(2)
The extraction of 250 tons of coal or less by a person conducting a surface
coal mining and reclamation operation. A person who intends to remove more than
250 tons is not exempted;
(3) The
extraction of coal as an incidental part of Federal, State or local
government-financed highway or other construction in accordance with Part
707;
(4) The extraction of coal
incidental to the extraction of other minerals where coal does not exceed
16-2/3 percent of the total tonnage of coal and other minerals removed for
purposes of commercial use or sale in accordance with Part 702.
(b) The division may on its own
initiative and shall, within a reasonable time of a request from any person who
intends to conduct surface coal mining operations, make a written determination
whether the operation is exempt under this section. The division shall give
reasonable notice of the request to interested persons. Prior to the time a
determination is made, any person may submit, and the division shall consider,
any written information relevant to the determination. A person requesting that
an operation be declared exempt shall have the burden of establishing the
exemption. If a written determination of exemption is reversed through
subsequent administrative or judicial action, any person who, in good faith,
has made a complete and accurate request for an exemption and relied upon the
determination, shall not be cited for violations which occurred prior to the
date of the reversal.
(c)
(1) The division may terminate its
jurisdiction under the regulatory program over the reclaimed site of a
completed surface coal mining and reclamation operation, or increment thereof,
when the division determines in writing that under the permanent program, all
requirements imposed under Chapter 10 (§ 45.2-1000 et seq.) of Title 45.2
of the Code of Virginia have been successfully completed or, where a
performance bond was required, the division has made a final decision in
accordance with Part 800 or 801 of this chapter to release the performance bond
fully.
(2) Following a termination
under Paragraph (d)(1) of this section, the division shall reassert
jurisdiction under this chapter over a site if it is demonstrated that the bond
release or written determination referred to in Paragraph (d)(1) of this
section was based upon fraud, collusion, or misrepresentation of a material
fact.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
