Current through Register Vol. 41, No. 3, September 23, 2024
(a)
Presubsidence survey. Each application must include:
(1) A map of the permit and adjacent areas at
a scale of 1:12,000, or larger if determined necessary by the division, showing
the location and type of structures and renewable resource lands that
subsidence may materially damage or for which the value or reasonably
foreseeable use may be diminished by subsidence, and showing the location and
type of drinking, domestic, and residential water supplies that could be
contaminated, diminished, or interrupted by subsidence.
(2) A narrative indicating whether
subsidence, if it occurred, could cause material damage to or diminish the
value or reasonably foreseeable use of such structures or renewable resource
lands or could contaminate, diminish, or interrupt drinking, domestic, or
residential water supplies.
(3) A
survey of the quantity and quality of all drinking, domestic and residential
water supplies within the permit area and adjacent area that could be
contaminated, diminished or interrupted by subsidence. If the applicant cannot
make this survey because the owner will not allow access to the site, the
applicant will notify the owner in writing of the effect that denial of access
will have pursuant to § 45.2-1030 of the Code of Virginia, as amended. The
applicant must pay for any technical assessment or engineering evaluation used
to determine the quantity and quality of drinking, domestic, or residential
water supplies. The applicant must provide copies of the survey and any
technical assessment or engineering evaluation to the property owner and the
division.
(b) Subsidence
control plan. If the survey conducted under subsection (a) of this section
shows that no structures, or drinking, domestic, or residential water supplies,
or renewable resource lands exist, or that no material damage or diminution in
value or reasonably foreseeable use of such structures or lands, and no
contamination, diminution or interruption of such water supplies would occur as
a result of mine subsidence, and if the division agrees with this conclusion,
no further information need be provided under this section. If the survey shows
that structures, renewable resource lands, or water supplies exist and that
subsidence could cause material damage or diminution in value or reasonably
foreseeable use, or contamination, diminution or interruption of protected
water supplies, or if the division determines that damage, diminution, in value
or foreseeable use, or contamination, diminution, or interruption could occur,
the application must include a subsidence control plan that contains the
following information:
(1) A description of
the method of coal removal, such as longwall mining, room-and-pillar removal or
hydraulic mining including the size, sequence and timing of the development of
underground workings;
(2) A map of
the underground workings that describes the location and extent of the areas in
which planned subsidence mining methods will be used and that identifies all
areas where the measures described in subdivisions (b) (4), (b) (5), and (b)
(7) of this section will be taken to prevent or minimize subsidence and
subsidence related damage; and, when applicable, to correct subsidence related
material damage;
(3) A description
of the physical conditions, such as depth of cover, seam thickness and
lithology of overlaying strata, that affects the likelihood or extent of
subsidence and subsidence related damage;
(4) A description of the monitoring, if any,
needed to determine the commencement and degree of subsidence so that, when
appropriate, other measures can be taken to prevent, reduce, or correct
material damage in accordance with 4VAC25-130-817.121 (c).
(5) Except for those areas where planned
subsidence is projected to be used, a detailed description of the subsidence
control measures that will be taken to prevent or minimize subsidence and
subsidence related damage, such as, but not limited to:
(i) Backstowing or backfilling of
voids;
(ii) Leaving support pillars
of coal;
(iii) Leaving areas in
which no coal is removed, including a description of the overlying area to be
protected by leaving coal in place; and
(iv) Taking measures on the surface to
prevent or minimize material damage or diminution in value of the
surface.
(6) A
description of the anticipated effects of planned subsidence, if any.
(7) For those areas where planned subsidence
is projected to be used, a description of methods to be employed to minimize
damage from planned subsidence to noncommercial buildings and occupied
residential dwellings and structures related thereto; or the written consent of
the owner of the structure or facility that minimization measures not be taken;
or, unless the anticipated damage would constitute a threat to health or
safety, a demonstration that the costs of minimizing damage exceed the
anticipated costs or repair.
(8) A
description of the measures to be taken in accordance with 4VAC25-130-817.41
(j) and 4VAC25-130-817.121 (c) to replace adversely affected protected water
supplies or to mitigate or remedy any subsidence related material damage to the
land and protected structures.
(9)
Other information specified by the division as necessary to demonstrate that
the operation will be conducted in accordance with
4VAC25-130-817.121.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
