Current through Register Vol. 41, No. 3, September 23, 2024
(a) The
application shall contain a statement of the condition, capability, and
productivity of the land which will be affected by surface operations and
facilities 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
date of beginning the proposed operations, the historic use of the land shall
also be described.
(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 required under this Part. The narrative shall provide
analysis 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 area proposed to be affected by surface operations or facilities;
and
(ii) The productivity of the
area proposed to be affected by surface operations and facilities 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, or appropriate State
natural resources or agricultural agencies specified by the division.
(b) The application
shall state whether the proposed permit area has been previously mined, and, if
so, the following information, if available:
(1) The type of mining method used;
(2) The coal seams or other mineral strata
mined;
(3) The extent of coal or
other minerals removed;
(4) The
approximate dates of past mining; and
(5) The uses of the land preceding
mining.
(c) The
application shall contain a description of the existing land uses and land use
classifications under local law, if any, of the proposed permit and adjacent
area.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
