(1) Each structure used in connection with or
to facilitate a coal exploration or surface coal mining and reclamation
operation shall comply with the performance standards and the design
requirements of Subchapter VK, except that--
(i) An existing structure which meets the
performance standards of Subchapter VK but does not meet the design
requirements of Subchapter VK may be exempted from meeting those design
requirements by the division. The division may grant this exemption only as
part of the permit application process after obtaining the information required
by 4VAC25-130-780.12 or 4VAC25-130-784.12 and after making the findings
required in 4VAC25-130-773.15.
(ii)
If the performance standard of Subchapter B of 30 CFR Chapter VII is at least
as stringent as the comparable performance standard of Subchapter VK, an
existing structure which meets the performance standards of Subchapter B of 30
CFR Chapter VII may be exempted by the division from meeting the design
requirements of Subchapter VK. The division may grant this exemption only as
part of the permit application process after obtaining the information required
by 4VAC25-130-780.12 or 4VAC25-30-784.12 and after making the findings required
in 4VAC25-130-773.15.
(iii) An
existing structure which meets a performance standard of Subchapter B of 30 CFR
Chapter VII which is less stringent than the comparable performance standards
of Subchapter VK or which does not meet a performance standard of Subchapter
VK, for which there was no equivalent performance standards in Subchapter B of
30 CFR Chapter VII, shall be modified or reconstructed to meet the performance
and design standards of Subchapter VK pursuant to a compliance plan approved by
the division only as part of the permit application as required in
4VAC25-130-780.12 or 4VAC25-130-784.12 and according to the findings required
by 4VAC25-130-773.15.
(iv) An
existing structure which does not meet the performance standards of Subchapter
B of 30 CFR Chapter VII and which the applicant proposes to use in connection
with or to facilitate the coal exploration or surface coal mining and
reclamation operation shall be modified or reconstructed to meet the
performance and design standards of Subchapter VK prior to issuance of the
permit.
(2) The
exemptions provided in Paragraphs (d)(1)(i) and (d)(1)(ii) of this section
shall not apply to -
(i) The requirements for
existing and new coal mine waste disposal facilities; and
(ii) The requirements to restore the
approximate original contour of the land.
