Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 762 - Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations
Section 4VAC25-130-762.11 - Criteria for designating lands as unsuitable

Universal Citation: 4 VA Admin Code 25-130-762-11

Current through Register Vol. 41, No. 3, September 23, 2024

(a) Upon petition an area shall be designated as unsuitable for all or certain types of surface coal mining operations, if the Director determines that reclamation is not technologically and economically feasible under the Act and this chapter.

(b) Upon petition, an area may be (but is not required to be) designated as unsuitable for certain types of surface coal mining operations, if the operations will:

(1) Be incompatible with existing Federal, State or local land use plans or programs;

(2) Affect fragile or historic lands in which the operations could result in significant damage to important historic, cultural, scientific, or aesthetic values or natural systems;

(3) Affect renewable resource lands in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products; or

(4) Affect natural hazard lands in which the operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.

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