Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 772 - Requirements for Coal Exploration
Section 4VAC25-130-772.12 - Permit requirements for exploration removing more than 250 tons of coal, or occurring on lands designated as unsuitable for surface coal mining operations
Universal Citation: 4 VA Admin Code 25-130-772-12
Current through Register Vol. 41, No. 3, September 23, 2024
(a) Exploration permit. Any person who intends to conduct coal exploration outside a permit area during which more than 250 tons of coal will be removed or which will take place on lands designated as unsuitable for surface mining under Subchapter VF shall, before conducting the exploration, submit an application and obtain written approval from the division in an exploration permit. Such exploration shall be subject to the requirements prescribed under 4VAC25-130-772.13 and 4VAC25-130-772.14.
(b) Application Information. Each application for an exploration permit shall contain, at a minimum, the following information:
(1) The name, address, and
telephone number of the applicant.
(2) The name, address, and telephone number
of the applicant's representative who will be present at, and responsible for
conducting the exploration activities.
(3) A narrative describing the proposed
exploration area.
(4) A narrative
description of the methods and equipment to be used to conduct the exploration
and reclamation.
(5) An estimated
timetable for conducting and completing each phase of the exploration and
reclamation.
(6) The estimated
amount of coal to be removed and a description of the methods to be used to
determine the amount.
(7) A
statement of why extraction of more than 250 tons of coal is necessary for
exploration.
(8) A description of:
(i) Cultural or historic resources listed in
the National Register of Historic Places;
(ii) Cultural or historic resources known to
be eligible for listing on the National Register for Historic Places;
and
(iii) Known archeological
resources located within the proposed exploration area.
(9) A description of any endangered or
threatened species listed pursuant to the Endangered Species Act of 1973 ( 16
USC § 1531 et seq.) identified within the proposed exploration
area.
(10) A description of the
measures to be used to comply with the applicable requirements of Part
815.
(11) The name and address of
the owner of record of the surface land and of the subsurface mineral estate of
the area to be explored.
(12) A map
or maps at a scale of 1:24,000 or larger, showing the areas of land to be
disturbed by the proposed exploration and reclamation. The map shall
specifically show existing roads, occupied dwellings, topographic and drainage
features, bodies of surface water, and pipelines; proposed locations of
trenches, roads, and other access routes and structures to be constructed; the
location of proposed land excavations; the location of exploration holes or
other drill holes or underground openings; the location of excavated earth or
waste-material disposal areas; and the location of critical habitats of any
endangered or threatened species listed pursuant to the Endangered Species Act
of 1973 ( 16 USC § 1531 et seq.)
(13) If the surface is owned by a person
other than the applicant, a description of the basis upon which the applicant
claims the right to enter that land for the purpose of conducting exploration
and reclamation.
(14) For any lands
listed in 4VAC25-130-761.11, a demonstration that, to the extent
technologically and economically feasible, the proposed exploration activities
have been designed to minimize interference with the values for which those
lands were designated as unsuitable for surface coal mining operations. The
application must include documentation of consultation with the owner of the
feature causing the land to come under the protection of 4VAC25-130-761.11 and,
when applicable, with the agency with primary jurisdiction over the feature
with respect to the values that caused the land to come under the protection of
4VAC25-130-761.11.
(c) Public notice and opportunity to comment. Public notice of the application and opportunity to comment shall be provided as follows:
(1) Upon submission of an administratively
complete application to the division, the applicant shall place an
advertisement in a newspaper of general circulation in the locality of the
proposed exploration area. A copy of the newspaper advertisement and proof of
publication shall be filed with the division no later than four weeks after the
date of publication.
(2) The public
notice shall state the name and address of the person seeking approval, the
filing date of the application, that the application will be available for
public inspection in the division's office in Big Stone Gap, the address of the
division where written comments on the application may be submitted, the
closing date of the comment period, and a description of the area of
exploration.
(3) Any person having
an interest which is or may be adversely affected shall have the right to file
written comments on the application within 30 days after the date of
publication of the newspaper notice.
(d) Decisions on applications for exploration.
(1) The division shall act upon
an administratively complete application for a coal exploration permit and any
written comments within a reasonable period of time. The approval of a coal
exploration permit may be based only on a complete and accurate
application.
(2) The division shall
approve a complete and accurate application for a coal exploration permit filed
in accordance with this Part if it finds, in writing, that the applicant has
demonstrated that the exploration and reclamation described in the application
will:
(i) Be conducted in accordance with
this Part, Part 815 of this chapter, and the applicable provisions of the
program;
(ii) Not jeopardize the
continued existence of an endangered or threatened species listed pursuant to
section 4 of the Endangered Species Act of 1973 ( 16 USC § 1533) or
result in the destruction or adverse modification of critical habitat of those
species; and
(iii) Not adversely
affect any cultural or historic resources listed on the National Register of
Historic Places, pursuant to the National Historic Preservation Act, as amended
( 16 USC § 470 et seq., 1976, Supp. V), unless the proposed exploration
has been approved by both the division and the agency with jurisdiction over
such matters.
(iv) With respect to
exploration activities on any lands protected under 4VAC25-130-761.11, minimize
interference, to the extent technologically and economically feasible, with the
values for which those lands were designated as unsuitable for surface coal
mining operations. Before making this finding, the division must provide
reasonable opportunity to the owner of the feature causing the land to come
under the protection of 4VAC25-130-761.11 and, when applicable, to the agency
with primary jurisdiction over the feature with respect to the values that
caused the land to come under the protection of 4VAC25-130-761.11, to comment
on whether the finding is appropriate.
(3) Terms of approval issued by the division
shall contain conditions necessary to ensure that the exploration and
reclamation will be conducted in compliance with this Part, Part 815, and the
Act.
(e) Notice and hearing.
(1) The division shall notify the
applicant, the appropriate local governmental officials, and other commenters
on the application, in writing, of its decision on the application. If the
application is disapproved, the notice to the applicant shall include a
statement of the reason for disapproval. Public notice of the decision on each
application shall be posted by the division at the Court House in the county of
the proposed exploration operations.
(2) Any person having an interest which is or
may be adversely affected by a decision of the division pursuant to Paragraph
(e)(1) of this section shall have the opportunity for administrative and
judicial review as set forth in Part 775.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
