Current through Register Vol. 41, No. 3, September 23, 2024
(a)
This section applies to any person who conducts or intends to conduct surface
mining activities by mountaintop removal mining.
(b) Mountaintop removal mining means surface
mining activities, where the mining operation removes an entire coal seam or
seams running throughout the upper fraction of a mountain, ridge, or hill,
except as provided for in 4VAC25-130-824.11(a)(6), by removing substantially
all of the overburden off the bench and creating a level plateau or a gently
rolling contour, with no highwalls remaining, and capable of supporting
postmining land use in accordance with the requirements of this
section.
(c) The division may issue
a permit for mountaintop removal mining, without regard to the requirements of
4VAC25-130-816.102, 4VAC25-130-816.104, 4VAC25-130-816.105, and
4VAC25-130-816.107 to restore the lands disturbed by such mining to their
approximate original contour, if it first finds, in writing, on the basis of a
complete application, that the following requirements are met:
(1) The proposed postmining land use of the
lands to be affected will be an industrial, commercial, agricultural,
residential, or public facility (including recreational facilities) use and,
if:
(i) After consultation with the
appropriate land-use planning agencies, if any, the proposed land use is deemed
by the division to constitute an equal or better economic or public use of the
affected land compared with the premining use;
(ii) The applicant demonstrates compliance
with the requirements for acceptable alternative postmining land uses of
Paragraphs (a) through (c) of 4VAC25-130-816.133;
(iii) The applicant has presented specific
plans for the proposed postmining land use and appropriate assurances that such
use will be:
(A) Compatible with adjacent
land uses;
(B) Obtainable according
to data regarding expected need and market;
(C) Assured of investment in necessary public
facilities;
(D) Supported by
commitments from public agencies where appropriate;
(E) Practicable with respect to private
financial capability for completion of the proposed use;
(F) Planned pursuant to a schedule attached
to the reclamation plan so as to integrate the mining operation and reclamation
with the postmining land use; and
(G) Designed by a registered engineer in
conformance with professional standards established to assure the stability,
drainage, and configuration necessary for the intended use of the
site;
(iv) The proposed
use would be compatible with adjacent land uses and existing State and local
land use plans and programs; and
(v) The division has provided, in writing, an
opportunity of not more than 60 days to review and comment on such proposed use
to the governing body of general purpose government in whose jurisdiction the
land is located and any State or Federal agency which the division in its
discretion, determines to have an interest in the proposed use.
(2) The applicant demonstrates
that in place of restoration of the land to be affected to the approximate
original contour under 4VAC25-130-816.102, 4VAC25-130-816.104,
4VAC25-130-816.105, and 4VAC25-130-816.107, the operation will be conducted in
compliance with the requirements of Part 824.
(3) The requirements of Part 824 are made a
specific condition of the permit.
(4) All other requirements of the Act, this
chapter, and the regulatory program are met by the proposed
operations.
(5) The permit is
clearly identified as being for mountaintop removal mining.
(d)
(1) Any permits incorporating a variance
issued under this section shall be reviewed by the division to evaluate the
progress and development of mining activities to establish that the permittee
is proceeding in accordance with the terms of the variance:
(i) Within the thirtieth month from the date
of its issuance;
(ii) Before each
permit renewal; and
(iii) Not later
than the middle of each permit term.
(2) Any review required under Paragraph
(d)(1) of this section need not be held if the permittee has demonstrated and
the division finds, in writing, within three months before the scheduled
review, that all operations under the permit are proceeding and will continue
to be conducted in accordance with the terms of the permit and requirements of
the Act, this chapter, and the regulatory program.
(3) The terms and conditions of a permit for
mountaintop removal mining may be modified at any time by the division, if it
determines that more stringent measures are necessary to insure that the
operation involved is conducted in compliance with the requirements of the Act,
this chapter, and the regulatory program.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
