Current through Register Vol. 41, No. 3, September 23, 2024
(a) The plan shall contain a statement of the
condition, capability, and productivity of the land within the proposed permit
area; including:
(1) A map and supporting
narrative of the uses of the land existing at the time of the filing of the
application. If the premining use of the land was changed within five years
before the anticipated data of beginning the proposed operations, the historic
use of the land shall also be described to the extent such information is
available. In the case of previously mined land, the use of the land prior to
any mining shall also be described to the extent such information is
available.
(2) A narrative of land
capability and productivity which analyzes the land use description under
paragraph (a) of this section in conjunction with other environmental resources
information. The narrative shall provide analyses of:
(i) The capability of the land before any
mining to support a variety of uses, giving consideration to soil and
foundation characteristics, topography, vegetative cover, and the hydrology of
the proposed permit area; and
(ii)
The productivity of the proposed permit area before mining, expressed as
average yield of food, fiber, forage, or wood products from such lands obtained
under high levels of management. The productivity shall be determined by yield
data or estimates for similar sites based on current data from the U.S.
Department of Agriculture, state agricultural universities, or appropriate
state natural resource or agricultural agencies.
(b) Each plan shall contain a
detailed description of the proposed use, following reclamation, of the land
within the proposed permit area, including a discussion of the utility and
capacity of the reclaimed land to support a variety of alternative uses, and
the relationship of the proposed use of existing land use policies and plans.
This description shall explain:
(1) How the
proposed postmining land use is to be achieved and the necessary support
activities which may be needed to achieve the proposed land use;
(2) Where a land use different from the
premining land use is proposed, all materials needed for approval of the
alternative use under 4VAC25-130-816.33; and
(3) The consideration which has been given to
making all of the proposed surface mining activities consistent with surface
owner plans and applicable state and local land use plans and
programs.
(c) The
description shall be accompanied by a copy of the comments concerning the
proposed use by the legal or equitable owner of record of the surface of the
proposed permit area and the state and local government agencies which would
have to initiate, implement, approve, or authorize the proposed use of the land
following reclamation.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
