Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 702 - Exemption for Coal Extraction Incidental to the Extraction of Other Minerals
Section 4VAC25-130-702.16 - Stockpiling of minerals
Universal Citation: 4 VA Admin Code 25-130-702-16
Current through Register Vol. 41, No. 3, September 23, 2024
(a) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:
(1) Up to an amount equaling a
12-month supply of the coal required for future sale, transfer or use as
calculated based upon the average annual sales, transfer and use from the
mining area over the two preceding years; or
(2) For a mining area where coal has been
extracted for a period of less than two years, up to an amount that would
represent a 12-month supply of the coal required for future sales, transfer or
use as calculated based on the average amount of coal sold, transferred or used
each month.
(b) Other minerals.
(1) The division shall disallow all
or part of an operator's tonnages of stockpiled other minerals for purposes of
meeting the requirements of this Part if the operator fails to maintain
adequate and verifiable records of the mining area of origin, the disposition
of stockpiles or if the disposition of the stockpiles indicates the lack of
commercial use or market for the minerals.
(2) The division may only allow an operator
to utilize tonnages of stockpiled other minerals for purposes of meeting the
requirements of this Part if:
(i) The
stockpiling is necessary to meet market conditions or is consistent with
generally accepted industry practices; and
(ii) Except as provided in Paragraph (b)(3)
of this section, the stockpiled other minerals do not exceed a 12-month supply
of the mineral required for future sales as approved by the division on the
basis of the exemption application.
(3) The division may allow an operator to
utilize tonnages of stockpiled other minerals beyond the 12-month limit
established in Paragraph (b)(2) of this section if the operator can demonstrate
to the division's satisfaction that the additional tonnage is required to meet
future business obligations of the operator, such as may be demonstrated by a
legally binding agreement for future delivery of the minerals.
(4) The division may periodically revise the
other mineral stockpile tonnage limits in accordance with the criteria
established by Paragraphs (b)(2) and (3) of this section based on additional
information available to the division.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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